Pintu Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39821 of 2020 Arising Out of PS. Case No.-208 Year-2020 Thana- NAUBATPUR District- Patna ====================================================== PINTU CHAUHAN Son of Sideni Chauhan, Resident of Village- Chara, P.S.- Naubatpur, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan Sinha, Adv.

For the Opposite Party/s :

Mr.Mritunjay Kr. Nirala, APP For the Informant : Mr.Ashok Kr. Sinha, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-03-2021 Heard the parties.

The petitioner seeks bail in a case registered for the offence punishable under Sections 302, 34 of the Indian Penal Code.

Prosecution case in brief is that the informant lodged this case alleging that on 17.04.2020 his father went to sleep in the shop, but on the next date he got information that his father was murdered and when the informant went at the shop then found that his father's neck was chopped off and the dead body was lying on the ground. It is further alleged that the petitioner and others had murdered his father due to previous dispute. They earlier threatened his father for dire consequences. It is also alleged that the petitioner and other accused persons threatened for not filing any case against them otherwise they will kill the family members of the informant.

Patna High Court CR. MISC. No.39821 of 2020(3) dt.10-03-2021 2/2 Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the informant is not an eye witness of this case. The informant has not given prior information regarding the previous incident. Hence, entire allegation stated by the informant is false and concocted. The petitioner is languishing in judicial custody since 21.04.2020. The petitioner has got no criminal antecedent which is mentioned in para 3 of the bail petition.

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 after framing of the charge on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each in connection with Naubatpur P.S. Case No. 208/2020 to the satisfaction of learned Court below where the case is pending.

(Anjani Kumar Sharan, J) amitkumar/- U T