Monu Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28162 of 2018 Arising Out of PS.Case No. -241 Year- 2017 Thana -BHARGAWAN District- ARRARIA ======================================================

1. Monu Choudhary Son of Navin Choudhary resident of Village - Khujri Ward No. 7, Police Station - Bhargama, District Araria. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Viveka Nandsingh For the Opposite Party/s : Mr. Sri Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 20-07-2018 Heard learned Counsel for the petitioner and the State as also he learned Counsel appearing on behalf of the informant. Petitioner, already in custody since 16.11.2017, seeks bail in Bhargama PS Case No. 241 of 2017 registered under Sections 302/34 of the IPC.

The allegation in brief is that the informant's son went to withdraw money from ATM and while he was returning back in the evening and passing through an orchard he made a call to his sister that Monu has stabbed him, when the family members turned up at the place of occurrence then he said that petitioner and Dhananjay have stabbed him.

Learned Counsel for the petitioner submits that the informant is not an eye witness; there is no evidence that the deceased made a call to his sister as no such CDR of mobile was obtained and the deceased was found with slit neck and intestine out of abdomen so it is probable that anyone would survive and can make such kind of statement and one of the co-accused Dhananjay was granted bail by a coordinate Bench of this Court vide Cr. Misc. No. 24356 of 2018. Learned Counsel appearing on behalf of the informant

Patna High Court Cr.Misc. No.28162 of 2018 (4) dt.20-07-2018 opposed the prayer for bail.

Having considered the said facts and circumstances, the petitioner, namely, Monu Choudhary is directed to 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 CJM Araria in connection with Bhargama PS Case No. 241 of 2017. (Arun Kumar, J) Snkumar/- U T