Banshi Chauhan @ Sokha @ Banshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9613 of 2021 Arising Out of PS. Case No.-34 Year-2020 Thana- NAURANGIA District- West Champaran ====================================================== Banshi Chauhan @ Sokha @ Banshi Son Of Late Bhagwat Chauhan Resident Of Village- Salikpur, Police Station- Hanumanganj, District- Kushi Nagar (U.P.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Zainul Abedin For the Opposite Party/s :

Mr.Braj Kishore Pd., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-09-2021 This matter is taken up for consideration through Video Conferencing.

Heard both parties.

The petitioner seeks bail in Naurangiya P.S. Case No. 34 of 2020, registered for the offence punishable under Sections 302, 201, 120(B)/34 of the Indian Penal Code. As per the prosecution case, on 18.05.2020 at about 3.30 pm petitioner took the father of informant to his father-inlaw's house for doing witchery (Sokhaiti) and when the informant's father did not return till 25.05.2020, mother of informant reported this matter to the Hanumanganj Police Station. When the informant along with villagers searched near Mithu Pool of Rehua river, dead body of his father recovered.

Patna High Court CR. MISC. No.9613 of 2021(4) dt.13-09-2021 2/3 Informant suspected that this petitioner along with unknown persons committed murder of is father.

It is submitted on behalf of the petitioner that informant is not the eye witness of the occurrence. Petitioner has been made accused in this case only on the basis of suspicion. As per the FIR this petitioner took the deceased on 18.05.2020 whereas, dead body was recovered on 26.05.2020 and thereafter FIR was lodged. It is a case of circumstantial evidence and save and except suspicion there is no material against this petitioner which shows his complicity in the aforesaid crime. Petitioner is in custody since 23.08.2020 having clean antecedent. Investigation is complete. Considering the facts and circumstances of the case, the petitioner above-named, is directed to 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 learned Additional Chief Judicial Magistrate, Bagaha, West Champaran in connection with Naurangiya P.S. Case No.

Patna High Court CR. MISC. No.9613 of 2021(4) dt.13-09-2021 3/3 Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T