Adarsh Kumar @ Chhotu Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42540 of 2016 ======================================================

1. Adarsh Kumar @ Chhotu Choudhary, son of late Mahesh Choudhary, resident of Mohalla- Surkikal P.S. Barari, District Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjan Kumar Jha For the Opposite Party/s : Mr. Sri Ramchandra Sahani ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 06-10-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is not named in the first information report but from perusal of the impugned order, it appears that at Para-25 of the case diary, the informant stated the name of petitioner in her further statement and, after that, petitioner was arrested and made his confessional statement disclosing his involvement in the present crime.

Submission on behalf of the petitioner is that the brother of the petitioner was made accused in a Excise case and petitioner happens to be next door neighbour of the informant and, as a matter of fact, when further statement of informant was recorded, the informant expressed her suspicion against the

Patna High Court Cr.Misc. No.42540 of 2016 (2) dt.06-10-2016 2/2 petitioner and his other family members on the ground that the petitioner and his family members were under impression that the raid was committed at their house at the instance of the informant. Accordingly, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhagalpur in connection with Kotwali ( Barari) P.S.case No. 211 of 2016.

(Hemant Kumar Srivastava, J) N.K/- U T