Patna High CourtCR. MISC./45602/2025bail granted

Jyoti Chaudhary v. The State Of Bihar

2025-09-15Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45602 of 2025 Arising Out of PS. Case No.-446 Year-2023 Thana- NAUTAN District- West Champaran ====================================================== Jyoti Chaudhary S/O Late Lakhraj Chaudhary R/o Village- Khadda, Kunjalahi, Police Station- Nautan, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pratik, Adv.

For the Opposite Party/s :

Mr. Sunil Kumar Pandey, APP For the Informant/s :

Mr. Alexander Ashok, Adv.

Mr. Jawed Akhtar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 15-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Nautan P.S. Case No. 446 of 2023 dated 15.10.2023 registered for the offences punishable u/ss 302, 120B, 201 read with 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the co-accused persons along with one unknown miscreant called the informant's son and took him away from his house, thereafter, the informant alleged that they committed murder of her son by drowning him in the Bhagar River.

Patna High Court CR. MISC. No.45602 of 2025(2) dt.15-09-2025 2/3

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is no specific allegation against the petitioner rather the allegation against the petitioner is general and omnibus in nature. It is further submitted that there is no eyewitness to the alleged occurrence. The petitioner has no concern with the alleged offence. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 30.04.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the mobile tower location of the petitioner was found near the place of occurrence and the petitioner's involvement was also found in the said occurrence. It is a case of last seen theory. As per the post-mortem report of the deceased, the cause of death is due to haemorrhage and shock. The regular bail application of the petitioner has already been rejected by this Court vide order dated 29.08.2024 passed in Cr. Misc. No. 44649 of 2024.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of

Patna High Court CR. MISC. No.45602 of 2025(2) dt.15-09-2025 3/3 the like amount each to the satisfaction of learned Court concerned, West Champaran, Bettiah in connection with Nautan P.S. Case No. 446 of 2023, with a condition:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) shivam/- U T