Arjun Chaurasia v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52816 of 2022 Arising Out of PS. Case No.-313 Year-2021 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Arjun Chaurasia S/O Indrashan Chaurasia Resident Of Village- Sareya, Ward No- 3, P.S. And District- Gopalganj.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Harendra Prasad, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 23-02-2023 Let the defects, if any, pointed out by the office be removed within three weeks from the date of this order, failing which the matter be listed again under the appropriate heading for necessary action.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks regular bail in connection with Gopalganj Town P.S. Case No. 313 of 2021 registered for the offence punishable under Section 302/34 of the Indian Penal Code. As per the prosecution, the informant's elder brother was murdered by some unknown miscreants.

The main submissions advanced by learned counsel Mr. Harendra Prasad, appearing for the petitioner are that the allegation made in the FIR is totally false, in actual the deceased

Patna High Court CR. MISC. No.52816 of 2022(4) dt.23-02-2023 2/3 died due to a road accident which took place on National Highway, the FIR was lodged against unknown persons and one month after lodging of the FIR the name of this petitioner surfaced in the alleged occurrence mainly on the basis of information provided by some spy but except this there is no any other material to show the involvement of the petitioner in the alleged crime. Further submission is that during investigation it also came into light that the deceased and petitioner were drug addicts and against the petitioner there are criminal antecedent of two cases in which he is on bail and in the present matter he has been languishing in jail since 19.04.2022.

Learned APP Mr. Dilip Kumar No. 1, appearing for the State has opposed the prayer for bail.

In view of the facts, as stated above and mainly considering the custody period of the petitioner and also the fact that the main basis of making the petitioner accused in this case is based on suspicion, this Court is inclined to accept the petitioner's prayer for bail. Accordingly, let the petitioner named-above be enlarged 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 concerned Court in connection

Patna High Court CR. MISC. No.52816 of 2022(4) dt.23-02-2023 3/3 with Gopalganj Town P.S. Case No. 313 of 2021. (Shailendra Singh, J.) maynaz/- U T