Mohan Chaudhary v. The State Of Bihar

Patna High Court Cr.Misc. No.48133 of 2015 (2) dt.30-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48133 of 2015 Arising Out of PS.Case No. -41 Year- 2015 Thana -KANTI District- MUZAFFARPUR ====================================================== MOHAN CHAUDHARY, SON OF NITESHWAR CHOUDHARY @ NITESHWAR SHARMA, RESIDENT OF VILLAGE- DHEMAHA, P.S.- KANTI, DISTRICT- MUZAFFARPUR .... .... PETITIONER/S

VERSUS

THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance :

For the Petitioner/s : Mr. Raju Kumar For the Opposite Party/s : Mr. Rajendra Nath Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 30-10-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Kanti P.S. Case No. 41 of 2015 registered under Sections 302 and 201/34 of the Indian Penal Code.

On the basis of statement of Choukindar, Gauri Shankar Choudhary, in respect to lying of unknown male dead body, the present case was instituted under Sections 302 and 201/34 against unknown.

Learned counsel for the petitioner submits that petitioner is not named in the F.I.R. and in course of investigation the dead body was identified as Om Prakash Thakur @ Chandan

Patna High Court Cr.Misc. No.48133 of 2015 (2) dt.30-10-2015 Thakur, son of Pawan Kumar Thakur and father of the deceased raised suspicion against the petitioner saying that this petitioner was seen with the deceased prior to the death of the deceased except that there is nothing against the petitioner. It is further submitted that petitioner has no criminal antecedent and is in custody since 01.08.2015.

Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., West Muzaffarpur, in connection with Kanti P.S. Case No. 41 of 2015.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T