Shivshankar Chaudhari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2056 of 2021 Arising Out of PS. Case No.-74 Year-2020 Thana- CHANDRADIP District- Jamui ====================================================== SHIVSHANKAR CHAUDHARI son of Late Tilakdhari Chaudhari Resident of Village- Chhatiaini, P.S.- Chandradip, District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Setu Prateek,Adv : Ms. Sanjana, Adv For the Opposite Party/s :

Mr.Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 25-03-2021 Let the defects be removed within four weeks. Heard the parties.

Petitioner seeks bail in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 504, 506, 307, 354, 324, 325, 302, 120B of the Indian Penal Code.

According to FIR, co-accused-Makeshar Chaudhari caused injury with Hasuli (a sharp cutting weapon) at the head of the husband of the informant, as a result whereof, husband of the informant died.

Learned counsel for the petitioner submits that only suspicion is there against the petitioner as Panchayati was convened at the residence of the petitioner where occurrence

Patna High Court CR. MISC. No.2056 of 2021(2) dt.25-03-2021 2/2 took place. Petitioner was a chargesheet witness in the murder case of the father of the informant. Hence, it is highly unbelievable that the petitioner would be involved in the murder of the husband of the informant. Moreover, there is no direct evidence against the petitioner. Investigation of the case is already complete. Petitioner is in custody since 24.05.2020. Considering the aforesaid submission, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Chandradip Police Station Case No.74 of 2020 with following conditions: (a) Both the bailors shall be resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Nitesh/- U T