Guddu Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1174 of 2015 Arising Out of PS.Case No. -648 Year- 2014 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ======================================================
1. Guddu Choudhary S/o Late Ram Gati Choudhary, R/o MohallaKajipura, P.S.- Sasaran (T), District- Rohtas .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashutosh Ranjan Pandey For the Opposite Party/s : Mr. B.Ram (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 28-07-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The informant is father of the deceased and he made his fardbeyan at Sadar Hospital on the date of alleged occurrence. The informant does not claim himself to be eye witness of the alleged occurrence and expressed suspicion against the petitioner and others but in course of investigation, statement of mother and brother of the deceased was recorded at paragraphs6 & 7 of the case diary and both the above-said witnesses claimed themselves to be eye witnesses of the alleged occurrence and stated that it was petitioner, who shot fire on the deceased. Had the mother and brother of the deceased witnessed the occurrence, they
Patna High Court Cr.Misc. No.1174 of 2015 (7) dt.28-07-2015 2/2 would have certainly disclosed the manner of occurrence to the informant, who is none else than the father of the deceased but admittedly, mother and brother of the deceased never disclosed the aforesaid fact to the informant before institution of the present case.
Considering the aforesaid facts and circumstances as well as submission of the parties, let the petitioner named above, be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Sasaram Town P.S. Case No. 648 of 2014 to the satisfaction of Chief Judicial Magistrate, Rohtas, Sasaram. (Hemant Kumar Srivastava, J) A.K.V./- U T