Vakil Choudhry v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44526 of 2022 Arising Out of PS. Case No.-45 Year-2022 Thana- TEGHRHA District- Begusarai ====================================================== VAKIL CHOUDHRY Son of Ganeshi Choudhary Resident of Village -Teghra, Ganj, Ward No.14, Nagar Parishad, P.s.- Teghra, Distt.- Begusarai, Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Apurv Harsh, Advocate Mr. Manu Tripurari, Advocate Mr. Sujit Kumar, Advocate Mr. Prashant Bhardwaj, Advocate For the Opposite Party/s :

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 22-09-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Teghra P.S. Case No. 45 of 2022 registered for the offence under Sections 302, 201 and 34 of the Indian Penal Code. The accused/petitioner is named in the F.I.R. and is in custody since 30.04.2022.

The allegation against the petitioner is to commit murder of father of informant along with other co-accused persons/family members, in the background of previous

Patna High Court CR. MISC. No.44526 of 2022(2) dt.22-09-2022 2/3 enmities, which is based upon local disputes and differences. Learned counsel appearing on behalf of the petitioner submitted that informant is not the eye-witness of the occurrence and entire allegation is based upon suspicion, as petitioner and his wife registered two criminal cases against the informant as Teghra P.S. Case No. 95 of 2017 and Teghra P.S. Case No. 47 of 2020. It is also submitted that nothing surfaced / recovered during course of investigation, which may connect this petitioner, prima-facie, with the present set of occurrence. While concluding the argument, it is submitted that investigation of this case has been completed, for which, chargesheet has already been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, while opposing the prayer of bail, fairly conceded the fact that informant is not the eye-witness of the occurrence.

Considering the facts and circumstances as mentioned above, as informant is not the eye-witness of the occurrence and entire allegation is based upon suspicion, where, nothing surfaced/recovered during course of investigation to connect this petitioner, prima-facie, with the present set of occurrence coupled with the fact that charge-sheet has already been

Patna High Court CR. MISC. No.44526 of 2022(2) dt.22-09-2022 3/3 submitted, let the petitioner, above named, is directed to be released on bail in connection with Teghra P.S. Case No. 45 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Begusarai/concerned court, subject to the condition as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) S.Katyayan/- U T