Vikas Chauhan @ Vikas Chaohan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47921 of 2023 Arising Out of PS. Case No.-7 Year-2023 Thana- BHORE District- Gopalganj ====================================================== VIKAS CHAUHAN @ VIKAS CHAOHAN Son of Uday Shankar Chauhan Resident of Village-Saktouli, P.S.-Bhorey, District-Gopalganj ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Atul Shankar For the Opposite Party/s :
Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-08-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 302, 201/34 of the Indian Penal Code.
It is a case of commission of murder of the informant's son, namely, Avinash Chauhan by the petitioner along with others and hanged his dead body in Mango tree. It is submitted by learned counsel for the petitioner that the petitioner is innocent and committed no offence. He has falsely been implicated in the present case only on the basis of suspicion and due to village politics. No one is the eye witness of the alleged occurrence. The deceased himself committed
Patna High Court CR. MISC. No.47921 of 2023(3) dt.28-08-2023 2/2 committed suicide by hanging due to some family disputes. No any independent witnesses have supported the prosecution story. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. It is also submitted that petitioner is languishing in judicial custody since 16.01.2023. Learned APP appearing for the State has vehemently opposed the prayer for Bail and submitted that during investigation witnesses supported the prosecution case. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Bhorey P.S. Case No.07 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Gopalganj. (Sunil Kumar Panwar, J) lata/- U T