Shrawan Chouhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25202 of 2016 Arising Out of PS.Case No. -75 Year- 2015 Thana -RAFIGANJ District- AURANGABAD ======================================================

1. Shrawan Chouhan, son of Munilal Chouhan, Resident of village- Jankup, Police Station Barun, District- Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shailesh Kumar Singh For the Opposite Party/s : Mr. M.K.Nirala(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-08-2016 Heard learned counsel for the petitioner and the State. The petitioner is in custody in a case registered under Sections 364, 302, 201 and 34 of the Indian Penal Code. It is alleged by the informant that in the morning of 8.5.2015 he came to know that the dead body of his son was found near western canal of village Majkhad. On that information he went there with his family members where he saw sharp cut injury over the neck of his son Arvind Paswan. It is further alleged that accused persons committed the murder of his son due to land dispute and thrown the dead body with intention to disappear of evidence.

It is submitted on behalf of the petitioner that the petitioner is in custody since 31.03.2016 . Charge sheet has been

Patna High Court Cr.Misc. No.25202 of 2016 (4) dt.16-08-2016 2/2 submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of the witnesses alleged against the petitioner. The informant is not an eye witness. Merely on suspicion the name of the petitioner has come. There is no circumstantial evidence to suggest the implication of the petitioner in the present case. Other co-accused have been granted bail vide Cr. Misc. No. 47307 of 2015, Cr. Misc. No. 3568 of 2016 and Cr.Misc.No. 10154 of 2016.

On behalf of the State, it is submitted that the petitioner is named in the FIR.

Considering the aforesaid facts and circumstances of the case, let, above named petitioner, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Aurangabad in connection with Rafiganj P.S.Case No. 75 of 2015.

(Sudhir Singh, J) singh/- U T