Bharat Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10022 of 2021 Arising Out of PS. Case No.-270 Year-2020 Thana- DUMRAO District- Buxar ====================================================== Bharat Chaudhary Son of Mahendra Chaudhari R/O VILL.- Jaso Golamber, P.S.- Buxar (IND.), Dist.- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Dr. Kamal Deo Sharma, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 02-08-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302, 365 and 201 of the Indian Penal Code.

As per the prosecution case, the father of the informant did not answer the telephone call of the informant. It is stated that a few days back, the Mukhiya Ranjit Choudhary along with one another had threatened his father in the bank over not signing of a cheque.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case only due to his proximity to Mukhiya Ranjit Choudhary. Neither he has any concern with the father of the informant nor is there any eye witness to the alleged occurrence. The petitioner is in

custody since 9.8.2020 and investigation in the case has concluded.

The application for bail is opposed by learned A.P.P. for the State who submits that after a few days of the occurrence in the bank, as narrated by the informant, the dead body of the father of the informant was recovered and thus the F.I.R. The petitioner happens to be the bodyguard of Mukhiya Ranjit Choudhary.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the petitioner having remained in custody for more than 11 months and investigation in the case having concluded, the Court directs the petitioner to be enlarged on bail in connection with Dumraon P.S. Case No. 270 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar.

(Partha Sarthy, J) Bibhash U T