Patna High CourtCR. MISC./31317/2020bail granted

Shivnath Chaudhary v. The State Of Bihar

2020-12-01Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31317 of 2020 Arising Out of PS. Case No.-242 Year-2019 Thana- BASANTPUR District- Siwan ====================================================== Shivnath Chaudhary, aged about 31 years, male, Son of Late Kariman Chaudhary, Resident of Village- Basonv, Police Station- Basantpur, DistrictSiwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Tiwary, Adv.

For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 01-12-2020 Heard Mr. Ajay Kumar Tiwary, learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Basantpur P.S. Case No. 242 of 2019, dated 10.07.2019, instituted for the offences under Sections 302 and 34 of the Indian Penal Code.

The informant is the nephew of the

Patna High Court CR. MISC. No.31317 of 2020(2) dt.01-12-2020 2/3 deceased, who has alleged that his uncle was killed at the hands of the petitioner and two others. The reason for suspecting the hands of the petitioner and others is that sometimes before the occurrence, the petitioner along with others had threatened the deceased that if he is ever seen at Kanti chowk, he shall be killed.

One another person, who has been named by the informant in this connection, has been granted bail by a Bench of this Court vide order dated 16.06.2020 passed in Cr. Misc. No. 13938 of 2020. The petitioner is in custody since 10.06.2020 and he claims to be a person of clean antecedents.

Regard being had to the nature of accusation against the petitioner, which is only based on suspicion and the fact that there is no eye-witness to the occurrence as well as his period of custody, he is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten

Patna High Court CR. MISC. No.31317 of 2020(2) dt.01-12-2020 3/3 Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Basantpur P.S. Case No. 242 of 2019.

(Ashutosh Kumar, J) Praveen-II/- U T