Patali Chouhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30967 of 2020 Arising Out of PS. Case No.-21 Year-2020 Thana- SHAMBHUGANJ District- Banka ====================================================== Patali Chouhan Son of Late Moti Chouhan Resident of Village- Bari Khajuri, P.S.- Shambhuganj, District- Banka.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Mukherjee, Advocate For the Opposite Party/s :

Mr. Ajay Kumar-2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 06-01-2021 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody in connection with Shambhuganj P.S. Case No. 21 of 2020 for the offences under Sections 302, 120(B)/34 of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioner would submits that petitioner is agnate of the informant and there is a dispute with regard to partition of land. Learned counsel further submits that informant is not the eye witness of the occurrence and only on the basis of suspicion, the petitioner has been implicated in this case. In fact, no one has seen the occurrence. The petitioner is in custody since 25.03.2020

Patna High Court CR. MISC. No.30967 of 2020(2) dt.06-01-2021 2/2 and he has no criminal antecedent.

Considering the fact that there is no eye witness of the occurrence and petitioner has no criminal antecedent, this Court is inclined to grant bail to the petitioner. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 50,000/- (Rupees Fifty Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, IV, Banka in connection with Shambhuganj P.S. Case No. 21 of 2020.

Learned Trial Court is directed to conduct the trial of the case on day-to-day basis and conclude the same within a period of nine months. If there is any latches on the part of the petitioner in conclusion of the trial, learned Court below shall be at liberty to cancel the bail bonds of the petitioner.

(Anil Kumar Upadhyay, J) Shageer/- U T