Patna High CourtCR. MISC./42337/2024bail granted

Mahesh Chaudhary @ Mahesh Kumar v. The State Of Bihar

2024-06-20Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42337 of 2024 Arising Out of PS. Case No.-385 Year-2018 Thana- BAGHA District- West Champaran ====================================================== Mahesh Chaudhary @ Mahesh Kumar S/O Prabhu Chaudhary R/O Village And P.S- Naurangia, Distt.- West Champaran.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Anand Kishore Choudhary For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Bagha P.S. Case No. 385 of 2018 instituted for the offences punishable under Sections 302, 216 and 34 of the Indian Penal Code.

3. The allegation against the petitioner along with others is of killing the daughter of the informant.

4. Learned counsel for the petitioners submitted that the petitioner has falsely been implicated in the present case. Charge has been framed in this case. There is no specific allegation of assault against the petitioner rather the specific allegation against co-accused Dinesh Chaudhary. There is no specific overt act alleged against the petitioner. No

Patna High Court CR. MISC. No.42337 of 2024(2) dt.20-06-2024 2/2 incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that the co-accused Ashok Chaudhary has already been granted bail by this Court vide order dated 10.05.2019 passed in Cr. Misc. No. 31084 of 2019. The petitioner is in custody since 02.08.2018 and he has no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bagha P.S. Case No. 385 of 2018.

(Rudra Prakash Mishra, J) Arish/- U T