Raven Chaudhary @ Ravain Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33019 of 2023 Arising Out of PS. Case No.-159 Year-2021 Thana- SUPAUL District- Supaul ====================================================== RAVEN CHAUDHARY @ RAVAIN CHAUDHARY S/O LATE RAM PRASAD CHOUDHARY R/O Village- Bijalpur (Bakaur), P.S- Supaul, Distt.- Supaul.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun, Adv.

For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 27-07-2023

1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail, who is in custody since 28.02.2021 in connection with S.T. No.203/2021, arising out of Supaul P.S. Case No.159/2021, dated 27.02.2021, for the offences punishable under Sections 302, 201 & 34 of the IPC.

3. According to prosecution case, there is allegation against the petitioner that he along with other FIR named accused persons have killed the grand son of the informant.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case merely on the basis of suspicion. He further submits that the informant is not an eyewitness of the

Patna High Court CR. MISC. No.33019 of 2023(3) dt.27-07-2023 2/3 alleged occurrence and except the suspicion, no other cogent material has come during investigation to suggest the involvement of the petitioner in the present occurrence. He further submits that co-accused, namely, Meena Devi, who is mother of the petitioner has been granted bail by a co-ordinate Bench of this Court vide order dated 22.09.2022 passed in Cr. Misc. No.37339/2022 on the basis of same allegation. He further submits that the police after investigation submitted the charge sheet against the petitioner and the petitioner is in custody since 28.02.2021.

5. Learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts and period of custody, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-I, Supaul in connection with S.T. No.203/2021, arising out of Supaul P.S. Case No.159/2021, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court

Patna High Court CR. MISC. No.33019 of 2023(3) dt.27-07-2023 3/3 and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) amit/- U T