Fucho Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50319 of 2018 Arising Out of PS.Case No. -12 Year- 2018 Thana -PHULWARIA District- BEGUSARAI ====================================================== Fucho Choudhary, son of late Chetram Chaudhary, resident of villageMalti, P.S.- Phulwari, Dist- Begusarai. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Pankaj Kumar Singh, Advocate For the Opposite Party/s : Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 03-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Phulwari P.S. Case No.12 of 2018 instituted for the offence under Section(s) 120(B), 302 and 201/34 Indian Penal Code.

It is alleged in the written report that dead body of the brother of the informant was found in mustard field in front of brick kiln. Nobody is named in the First Information Report. During investigation one Sumitra Devi, wife of the informant, has raised suspicion agaisnt this petitioner in para 17 of the case diary. From the impugned order, it appears that other witnesses have also raised suspicion against the petitioner in para 18 and 25 of the case diary.

Patna High Court Cr.Misc. No.50319 of 2018 (3) dt.03-10-2018 2/2 Case diary has been received. The learned APP also after verifying the case diary has submitted that besides suspicion there is no allegation of specific overt act against the petitioner. Petitioner is said to be in custody since 08.06.2018. In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Begusarai, in connection with Phulwaria P.S. Case No.12 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner.

(Sanjay Priya, J) JA/- Rohit Kr.

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