Raj Dayal Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44406 of 2019 Arising Out of PS. Case No.-3 Year-2019 Thana- SIGAUDI District- Patna ====================================================== Raj Dayal Chauhan S/o Aklu Chauhan @ Aku Chauhan Resident of VillageNoniyachak, P.S.- Sigori, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satish Chandra For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 302/34 of the Indian Penal Code and Sections 25(1-b)a, 26, 35 and 27 of Arms Act.

Prosecution case, in short, is that the informant stated that his father Ram Dhyan Chouhan was sleeping near Dak Baba to watch paddy. On 8.1.2019 at 3.10 a.m. his father raised alarm as thief-thief and soon thereafter a sound of firing was heard. On hearing sound of firing, he along with his villagers went there and found that his father was murdered by some unknown persons after making firing upon him and fled away. It has been submitted on behalf of the petitioner that the petitioner is in custody since 16.02.2019 and has got no

Patna High Court CR. MISC. No.44406 of 2019(2) dt.19-07-2019 2/2 criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. His name has transpired in the present case on confessional statement of co-accused. Except for this, there is no other substantive evidence to suggest his implication in the present case. Neither there is any eye witness to the alleged occurrence nor there is any circumstantial evidence to suggest the implication in the present case.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, 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 learned A.C.J.M. V, Danapur in connection with Sigori P.S. case No.3 of 2019. (Sudhir Singh, J) Narendra/- U T