Patna High CourtCR. MISC./49589/2019bail granted

Pawan Chaudhary v. The State Of Bihar

2019-08-08Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49589 of 2019 Arising Out of PS. Case No.-115 Year-2017 Thana- CHANDI District- Bhojpur ====================================================== PAWAN CHAUDHARY Son of Mahendra Chaudhary Resident of VillageBelaur, P.S.-Udwantnagar, District-Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhat Kumar Singh For the Opposite Party/s :

Mr.Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act.

The prosecution allegation in short is that while the father of the informant was returning to house, the accused persons, variously armed, opened fire at him due to which he died.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 6.3.2019. There is no allegation of tampering of witnesses alleged against the petitioner. Chargesheet has been submitted in the present case. The petitioner is not named in the F.I.R. The name of the petitioner has transpired

Patna High Court CR. MISC. No.49589 of 2019(2) dt.08-08-2019 2/2 on the basis of confession of co-accused. Except for suspicion, there is no other substantive evidence to suggest his implication in the present case.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. XII, Ara in connection with Chandi P.S. Case No. 115 of 2017.

(Sudhir Singh, J) Pankaj/- U T