Pankaj Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35648 of 2019 Arising Out of PS. Case No.-657 Year-2018 Thana- KAHALGAON District- Bhagalpur ====================================================== PANKAJ CHOUDHARY Son of Late Chittan Choudhary Resident of VillageShantinagar, P.S.-Sabour, District-Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Najmul Hodda For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 19-07-2019 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Kahalgaon (Shivnarayanpur) P.S. Case No. 657 of 2018, instituted for the offence under Section(s) 302 and 201 of Indian Penal Code. It is alleged in the written report that brother of the informant namely, Sunil Ram was called by the petitioner. Thereafter, the brother of the informant along with petitioner had gone by Tempo for carrying saplings of Mango Plants and did not return. The phone was found switched off. The informant went to house of petitioner, but he was not present in the house. Later on the informant got information that dead body of his brother Sunil Ram was lying in a tempo near N.H. 80. The informant went there and identified the dead-body of his brother. He raised suspicion against the petitioner. The Sessions Judge has mentioned in the impugned order that during investigation, Police arrested the petitioner and

Patna High Court CR. MISC. No.35648 of 2019(3) dt.19-07-2019 2/2 recorded his confessional statement.

Counsel for the petitioner submits that besides confessional statement of petitioner there is no evidence alleging any overt act against the petitioner. He further submits that co-accused Raju Choudhary @ Rajendra Choudhary has already been granted bail by coordinate Bench of this Court vide order dated 3.6.2019 passed in Cr. Misc. 19354 of 2019.

It is mentioned in paragraph-3 of the bail petition that petitioner has no criminal antecedent.

Considering the aforesaid facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. 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 learned Chief Judicial Magistrate, Bhagalpur, in connection with Kahalgaon (Shivnarayanpur) P.S. Case No. 657 of 2018, subject to the condition that both the bailors will be close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T