Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58330 of 2022 Arising Out of PS. Case No.-1108 Year-2019 Thana- NAGAR District- Vaishali ====================================================== Chandan Kumar S/O Meghnath Rai @ Jhapsi Rai Resident Of VillageRazasan, P.S.- Bidupur, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rina Sinha For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 302, 201, 34 of the Indian Penal Code. The prosecution case as per F.I.R is that son of the informant namely Ranjan Kumar proceeded for Hajipur from his motorcycle. It is further alleged that covillager Jay Prakash Rai had seen the son of the informant talking with petitioner and other F.I.R named accused persons and when said Jay Prakash Rai told as to why he is standing there, son of the informant told

Patna High Court CR. MISC. No.58330 of 2022(3) dt.20-02-2023 2/3 that all the F.I.R named accused persons have prevented him. Later on, in the evening, the dead body of son of the informant was found under Hajipur Police Station. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. It is further submitted that it is a case of false implication of the petitioner as no one has seen the petitioner assaulting the deceased son of the informant and the entire prosecution story is based on mere hearsay in so far as it relates to the petitioner. There is general and omnibus allegation against the petitioner. There is also no eye witness to the occurrence. The petitioner is languishing in custody since 12.06.2022. Moreover, similarly situated coaccused has already been granted bail by a coordinate Bench of this Court vide order passed in Cr. Misc. No. 17750 of 2020. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. In the facts and circumstance of the case, let

Patna High Court CR. MISC. No.58330 of 2022(3) dt.20-02-2023 3/3 the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Town P.S. Case No. 1108 of 2019.

(Sunil Kumar Panwar, J) Shageer/- U T