Bishnu Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59581 of 2024 Arising Out of PS. Case No.-626 Year-2023 Thana- RAJAOLI District- Nawada ====================================================== Bishnu Chaudhary S/o Late Tufan Chaudhary R/o Mohalla - New Godaam, Gaya P.S. - Kotwali, Distt. - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate :

Ms. Vaishnavi Singh, Advocate :

Mr. Ritwik Thakur, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Rajauli P.S. case No. 626 of 2023 instituted for the offences under Sections 302, 201, 34 of the Indian Penal Code.

3. It is suspected by the informant that all the FIR named accused persons including this petitioner have killed his son.

4. Learned counsel for the petitioner submitted that the

Patna High Court CR. MISC. No.59581 of 2024(2) dt.23-08-2024 2/3 petitioner has falsely been implicated in the present case. Learned counsel further submitted that there is general and omnibus allegation against the petitioner and no any specific overt act has been alleged against this petitioner. Learned counsel further submits that the name of the petitioner has transpired in this case only on the basis of suspicion. Learned counsel further submitted that informant is not the eye-witness to the occurrence. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 03.01.2024 and has no criminal antecedent. The co-accused person has already been granted bail by this Bench vide order dated 19.03.2024 passed in Cr. Misc. No. 20144 of 2024.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, clean antecedent as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner 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 Court

Patna High Court CR. MISC. No.59581 of 2024(2) dt.23-08-2024 3/3 below/concerned Court in connection with Rajauli P.S. case No. 626 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T