Chitranjan Chaurasiya @ Chitranjan Kumar Chaurasiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32406 of 2023 Arising Out of PS. Case No.-329 Year-2022 Thana- GOGRI District- Khagaria ====================================================== Chitranjan Chaurasiya @ Chitranjan Kumar Chaurasiya S/O- Late Panchlal Mandal Village- Pitaunjhiya Ps- Gogri Dist- Khagaria, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Om Prakash Kumar For the Opposite Party/s :
Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-08-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for bail in a case instituted for the offence under Sections 302/34 of the Indian penal Code.
It is a case of commission of murder to the informant's father, namely, Rajendra Pd. Chaurasiya. Three FIR named accused persons came to the informant and suddenly started to abuse and assault. On protest, petitioner tossed him down on the ground. When informant's uncle came there to rescue him all the accused persons fled away from there.
It is submitted by learned counsel for the
Patna High Court CR. MISC. No.32406 of 2023(3) dt.02-08-2023 2/3 petitioner that petitioner has been falsely implicated in this case. Petitioner died a natural death as he is old man aged about 70 years and three years earlier he had undergone for by-pass surgery. Both parties are agnates and due to land dispute the alleged occurrence took place at the spur of moment. There is no allegation of repetition of assault. As per postmortem report, doctor opined cause of death due to shocked and CRF due to falling on hard substance. After investigation, chargesheet has been submitted u/s 304 IPC. During investigation, no consistent material has come against the petitioner to show his involvement in the present case. Petitioner has got no criminal antecedent and he is languishing in judicial custody since 24.3.2023. The application for bail is opposed by learned APP for the State and learned counsel for the informant and submitted that petitioner is named in the FIR. As per postmortem report, doctor opined cause of death due to shock and Cardiac respiratory failure.
Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above
Patna High Court CR. MISC. No.32406 of 2023(3) dt.02-08-2023 3/3 named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, Khagaria in connection with Gogri P.S. Case No. 329 of 2022.
(Sunil Kumar Panwar, J) lata/- U