Arun Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1460 of 2021 Arising Out of PS. Case No.-98 Year-2019 Thana- MADANPUR District- Aurangabad ====================================================== ARUN CHAUHAN, Son of RAJESHWAR BELDAR, Resident of VillageKhiriyawan, P.S.-Madanpur, District- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Pd. Singh, Sr. Adv.

: Mr.Bhaskar Shankar, Adv.

For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-03-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects as pointed out by the office within four weeks of normal functioning of the court, failing which the office is directed to place the matter before the Bench. The petitioner seeks bail in a case registered for the offence punishable under Sections 302, 394, 397/34 of the Indian Penal Code.

As per FIR, brother of the informant was stopped by some miscreants and snatched a bag from him and also fired at him, causing injury to him and later on he succumbed to the injures.

Learned counsel for the petitioner submits that vide order dated 11.12.2019 the bail application of the petitioner was rejected in Cr. Misc. No.61059/2019 with a liberty to renew his

Patna High Court CR. MISC. No.1460 of 2021(3) dt.05-03-2021 2/2 prayer for bail after a period of 09 months.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR, on the basis of confessional statement of co-accused petitioner has been made accused in this case. The petitioner is languishing in judicial custody since 03.06.2019. The petitioner has got no criminal antecedent which is mentioned in para 3 of the bail petition. The co-accused have been granted by this Hon'ble Court vide order dated 06.02.2020 passed in Cr. Misc. No.62095/2019 and order dated 24.02.2020 passed in Cr. Misc. No.68221/2019. Learned APP for the State opposes the prayer for bail of the petitioner.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each in connection with Madanpur P.S. Case No. 98/2019 to the satisfaction of the learned A.C.J.M.-V, Aurangabad. (Anjani Kumar Sharan, J) amitkumar/- U T