Nagendra Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48816 of 2023 Arising Out of PS. Case No.-118 Year-2019 Thana- JURAWANPUR District- Vaishali ====================================================== 1.

NAGENDRA CHOUDHARY son of Late Ramprit Chaudhary VillagePaharpur West Ps- Jurawanpur Dist- Vaishali 2.

Parmanand Chaudhary son of Late Manraj Chaudhary Village- Paharpur West Ps- Jurawanpur Dist- Vaishali 3.

Ghina Chaudhary @ Dhina Chaudhary son of Late Dhanraj Chaudhary Village- Paharpur West Ps- Jurawanpur Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surendra Kishore Thakur , Advocate For the Opposite Party/s :

Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-09-2023 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 302/34 of the Indian Penal Code and section 27 of Arms Act.

3. As per the prosecution case , all the FIR named accused persons including these petitioners committed the murder of the father of the informant due to land dispoute.

4. It is submitted on behalf of the petitioners that petitioners are not named in the FIR rather witnesses of the case. But during course of investigation I.O in collusion with named

Patna High Court CR. MISC. No.48816 of 2023(3) dt.05-09-2023 2/2 accused persons, made them accused. Petitioner No. 1 is full brother of the informant and petitioner Nos, 2 and 3 are villagers. There is no direct or indirect material to show their complicity in the case . Petitioners claim clean antecedent.

5. Learned counsel for the State oppose the bail petition.

6 Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-III, Vaishali at Hajipur in connection with Jurawanpur P.S. Case No. 118 of 2019, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Kaushik/- U T