Patna High CourtCR. MISC./71727/2018bail granted

Mohan Chaudhary v. The State Of Bihar

2019-02-19Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.71727 of 2018 Arising Out of PS. Case No.-261 Year-2018 Thana- DHANARUA District- Patna ====================================================== Mohan Chaudhary, son of Late Hira Chaudhary, resident of Village- Seodaha, P.S.- Dhanarua, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satish Chandra, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 5/ 19-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Dhanarua P.S. Case No.261 of 2018 instituted for the offence under Section(s) 302/34 Indian Penal Code.

Counsel for the petitioner submits that from allegation in the written report it will appear that it is a case of last seen. It is alleged that petitioner took the son of informant to Masaurhi Court, but he did not return. The informant after search learnt that he has been killed by the petitioner and four others as named in the written report. Dead body was recovered from the filed near Dariyapur village.

Case diary has been received. Learned APP after going through case diary has submitted that there is no eye

Patna High Court Cr.Misc. No.71727 of 2018(5) dt.19-02-2019 2/2 witness to the occurrence. Mere suspicion has been raised against the petitioner.

Petitioner is in custody since 18.07.2018.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the SDJM, Masaurhi, Patna, in connection with Dhanarua P.S. Case No.261 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner.

(Sanjay Priya, J) J. Alam/- U T