Patna High CourtCR. MISC./53977/2017bail granted

Lalan Chaudhary And ANR v. The State Of Bihar

2017-11-14Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53977 of 2017 Arising Out of PS.Case No. -21 Year- 2017 Thana -JADOPUR District- GOPALGANJ ======================================================

1. Lalan Chaudhary Son of Ram Pal Chaudhary

2. Sundar Chaudhary Son of late Mahadev Chaudhary. Both are Resident of Village- Manjhariya, P.S. Yadopur, DistrictGopalganj. .... .... Petitioners.

Versus

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

For the Petitioner/s : Mr. Dhramveer For the Opposite Party/s : Mr. Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 14-11-2017 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in Yadopur P.S. Case No. 21 of 2017 registered under Section 363, 364 and 302 of the Indian Penal Code.

As per the prosecution case, petitioners are said to have kidnapped the brother of the informant, namely, Nabalak Yadav and Pramod Yadav and committed the murder of Nabalak Yadav, while Pramod Yadav is still traceless, over row of love affair of Nabalak Yadav with the daughter of co-accused Baban Yadav.

It is submitted by learned counsel for the petitioners that the allegations against the petitioners are not specific rather general and omnibus in nature. There is no eye witness of the

Patna High Court Cr.Misc. No.53977 of 2017 (02) dt.14-11-2017 - 2 - occurrence. Petitioners have been falsely implicated in this case only on suspicion. Similarly situated co-accused persons, namely, Bauda Chaudhary @ Bauda Yadav @ Nandan Yadav, Dadan Chaudhary @ Dadan Yadav and Thanedar Chaudhary @ Thanedar Yadav have been granted anticipatory bail by a coordinate Bench of this Court in Cr. Misc. No.33947 of 2017 vide order dated 23.08.2017. The petitioners have been languishing in custody since 04.09.2017.

Considering the facts aforesaid, the above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Gopalganj in connection with Yadopur P.S. Case No.21 of 2017.

(Prakash Chandra Jaiswal, J) Trivedi/- U T