Patna High CourtCR. MISC./15593/2016bail granted

Tapan Choudhary @ Anand Kumar @ Tapan Chaudhuri v. The State Of Bihar

2016-04-19Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.15593 of 2016 (2) dt.19-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15593 of 2016 Arising Out of PS.Case No. -393 Year- 2014 Thana -BIHPUR District- BHAGALPUR ====================================================== 1.

TAPAN CHOUDHARY @ ANAND KUMAR @ TAPAN CHAUDHURI S/o Late Pashupati Choudhary R/o Maujamabad, P.S. Bihpur (Bhawanipur), District- Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Awadhesh Kumar For the Opposite Party/s Mr. Anuradha Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 19.04.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner seeks bail in a case registered under section 302/34 of the Indian Penal Code.

Petitioner is named in the first information report but the informant gave the name of the petitioner and two others only on the basis of suspicion because allegedly, petitioner and two others demanded extortion money from the deceased prior to the alleged occurrence. Furthermore, according to the prosecution case itself, informant had seen the person who was fleeing from the place of occurrence but she does not claim that it was the petitioner who was fleeing from the place of occurrence.

Considering the aforesaid facts and circumstances as well as submissions of the parties and also keeping in mind that none of the

Patna High Court Cr.Misc. No.15593 of 2016 (2) dt.19-04-2016 prosecution witnesses claims to have seen the petitioner committing the alleged crime, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of Addl. Sessions Judge IV, Naugachia, Bhagalpur in Sessions Trial no. 194/2016 arising out of Bihpur Bhawanipur P.S. Case no. 393/2014.

shahid (Hemant Kumar Srivastava,J) U T