Pradeep Kumar @ Pradeep Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29780 of 2020 Arising Out of PS. Case No.-119 Year-2020 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== 1.
PRADEEP KUMAR @ PRADEEP CHAUDHARY Son of Late Tileshwar Chaudhary Resident of Village-Gijwahi, Police Station-Sasaram (M), District-Rohtas 2.
Munna Kumar Son of Prabhu Chaudhary Resident of Village-Gijwahi, Police Station-Sasaram (M), District-Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajani Kant Singh For the Opposite Party/s :
Mr. Raj Ballav Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-11-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.
The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioners and learned APP for the State.
The petitioners seek bail in a case instituted for the offences under Sections 302, 201 and 34 of the Indian Penal Code.
Patna High Court CR. MISC. No.29780 of 2020(2) dt.11-11-2020 2/3 The prosecution case in short is that the son of the informant went to the boring of Guddu Yadav and went missing and later his dead body was found.
It has been submitted on behalf of the petitioners that the petitioners are in custody since 02.05.2020 and have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. Charge-sheet has been submitted in the present case. The petitioners are not named in the F.I.R. The names of the petitioners have transpired in the present case on the basis of C.D.R. report which indicates that the petitioners had talked with the other co-accused. Except for this, there is no other substantive evidence to suggest his implication in the present case. There is no eye witness to the alleged occurrence nor there is any circumstantial evidence to suggest the participation of the petitioner in the alleged occurrence.
On behalf of the State, it is submitted that the petitioners are not named in the F.I.R.
Considering the aforesaid facts and circumstances, it is directed that the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.29780 of 2020(2) dt.11-11-2020 3/3 learned Chief Judicial Magistrate, Rohtas at Sasaram in connection with Sasaram (M) P.S. Case No. 119 of 2020. (Sudhir Singh, J) Pankaj/- U T