Patna High CourtCR. MISC./55170/2024bail granted

Manoj Choubey @ Manoj Kumar Choubey v. The State Of Bihar

2024-09-25Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55170 of 2024 Arising Out of PS. Case No.-71 Year-2024 Thana- ITARHI District- Buxar ====================================================== Manoj Choubey @ Manoj Kumar Choubey SON OF LATE SIDHNATH CHOUBEY VILLAGE- SUKARWALIYA, PS- ITARHI, DIST- BUXAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Digvijay Kumar Ojha For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 25-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Itarhi P.S. Case No. 71 of 2024 registered for the offences under Sections 341, 323, 302, 201, 504, 506/34 of the Indian Penal Code.

3. The deceased died on 26.9.2022. The FIR has been filed on 20.04.2024, i.e. after more than one year and seven months.

4. The informant had also filed a complaint case in which cognizance has been taken under Section 498 A of the Indian Penal Code. The informant had filed other cases also.

5. The petitioner is in jail since 15.5.2024.

6. The learned counsel for the petitioner submits

Patna High Court CR. MISC. No.55170 of 2024(3) dt.25-09-2024 2/2 that after the death of her husband, the informant is filing case after case and there is no material against the petitioner to support the allegation levelled against him.

7. Learned counsel for the petitioner also submits that the two witnesses who have supported the case of the prosecution, are inimical to the petitioner and they have said that they have seen the deceased being taken on a Jeep and he has been killed by poisoning.

8. Considering the aforesaid facts, this application is allowed.

9. Let the petitioner, above named, 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 the learned CJM, Buxar in connection with Itarhi P.S. Case No. 71 of 2024.

(Sandeep Kumar, J) Vikas/- U T