Devendra Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51238 of 2023 Arising Out of PS. Case No.-118 Year-2019 Thana- JURAWANPUR District- Vaishali ====================================================== Devendra Chaudhary S/O Late Ram Bharan Chaudhary Resident Of VillagePaharpur West, P.S- Jurawanpur, District- Vaishali. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Surendra Kishore Thakur For the Opposite Party/s :
Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-10-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.
As per the prosecution case, all the F.I.R named accused persons including the petitioner have committed the murder of the father of the informant. It is submitted by learned counsel for the
Patna High Court CR. MISC. No.51238 of 2023(3) dt.16-10-2023 2/3 petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is not named in the F.I.R and his name subsequently transpired during the course of investigation. There is land dispute between the parties. The petitioner is languishing in custody since 26.03.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Moreover, similarly situated co-accused has been granted privilege of bail by a coordinate Bench of this Court vide order dated 05.09.2023 passed in Cr. Misc. No. 48816 of 2023.
In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.
Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief
Patna High Court CR. MISC. No.51238 of 2023(3) dt.16-10-2023 3/3 Judicial Magistrate-III, Vaishali at Hajipur in connection with Jurawanpur P.S. Case No. 118 of 2019.
(Sunil Kumar Panwar, J) Shageer/- U T