Vijay Chaurasia v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48410 of 2023 Arising Out of PS. Case No.-116 Year-2022 Thana- MOKAMAH District- Patna ====================================================== Vijay Chaurasia Son Of Doman Chaurasia Resident Of Village- Arnama, PsBarh, Dist- Patna ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Sabal Kumar Jha, Advocate For the Opposite Party/s :

Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-10-2023

1. Heard learned counsel for the parties.

2. The petitioner has filed the instant application for grant of regular bail in connection with Mokama P.S. Case no. 116/2022 registered under section 302 and 34 of the Indian Penal Code.

3. As per the prosecution case, the informant states that on the date of occurrence it was discovered that his father had been murdered brutally by inflicting injuries with a sharp cutting weapon. Suspicion is raised by the informant against the petitioner who happens to be the son in law of the deceased.

4. It is submitted by learned counsel for the petitioner that the allegation as levelled in the F.I.R. are false and concocted. Relationship of the petitioner with the informant is borne out from the contents of the FIR itself. Also from the contents of the FIR it is evident that the relationship between the

Patna High Court CR. MISC. No.48410 of 2023(3) dt.11-10-2023 2/2 parties are strained and that is the cause of false implication of the petitioner in this case. Neither there is any eye witness nor any material has transpired in course of investigation to implicate the petitioner in this case. The petitioner has no criminal antecedent and is in custody since 4.5.2022. Chargesheet has been submitted in the case.

5. The application for bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, the material that has transpired in course of investigation, relationship between the petitioner and the informant as also the deceased, investigation in the case having been concluded and the petitioner having remained in custody since 4.5.2022, the Court directs the petitioner to be enlarged on bail in connection with Mokama P.S. Case no. 116/2022 (S. Tr. No. 142/2023) 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 Additional Sessions Judge 1st, Barh, District Patna. (Partha Sarthy, J) ajay/- U T