Lalta Chaurasia v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64354 of 2018 Arising Out of PS. Case No.-112 Year-2018 Thana- GOGRI District- Khagaria ====================================================== Lalta Chaurasia Son of late Subhuk Lal Prasad @ Tunuk Lal Chaurasia Resident of Village-Gauchhari, P.S. Gogari Distt. Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amrendra Kumar, Adv.

For the Opposite Party/s :

Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-11-2018 The petitioner seeks regular bail in connection with Gogari P.S. Case No. 112/2018, G.R. No. 776/18, registered for offences punishable under Section 302 and 34 of the Indian Penal Code.

Allegation as per F.I.R. is that when the informant woke up in the night, she saw petitioner and other accused persons fleeing from the house of her Devar Gulo Yadav. When she reached there, she saw that her Devar was dead. It is further alleged that wife of her Devar had illicit relation with the accused persons. They have committed murder of her Devar. Submission of learned counsel for the petitioner is that name of petitioner surfaced in this case on the confessional statement of co-accused Sarita Devi wife of deceased. Except the confession of co-accused there is nothing against him and he

Patna High Court Cr.Misc. No.64354 of 2018(3) dt.20-11-2018 2/2 is in custody since 28.07.2018.

However, learned A.P.P. opposed the prayer for bail and submitted that as per F.I.R. petitioner is one of the accused fleeing from the place of occurrence and co-accused Sarita Devi in her confession has also disclosed hands of petitioner in the said crime.

Having heard both sides, considering the facts and circumstances of the case, let the petitioner above-named, be released on bail on furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Gogri P.S. Case No. 112/2018 G.R. No. 776/18, subject to the condition that petitioner will cooperate in disposal of trial and make himself available as and when required by the court below, failing which, the prosecution shall move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) vinita/- U T