Patna High CourtCR. MISC./48960/2016bail granted

Parmeshwar Chauhan v. The State Of Bihar

2016-11-23Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48960 of 2016 Arising Out of PS.Case No. -71 Year- 2007 Thana -NARHAT District- NAWADA ====================================================== Parmeshwar Chauhan Son of Late Lakshaman Chauhan @ Ramdhani Chauhan, Resident of village - Katghara, Tola Lakshmipur, P.S. Narhat (Sitamarhi ), District - Nawada .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun Kumar Arun, Advocate For the Opposite Party/s : Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-11-2016 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 302 and 120B/34 of the Indian Penal Code.

Allegation is that the accused persons including the petitioner killed the brother of the informant. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been named in the F.I.R. merely on the basis of suspicion. The police had submitted final form against the petitioner vide Annexure-2 to the present application.

Patna High Court Cr.Misc. No.48960 of 2016 (3) dt.23-11-2016 Subsequently the court below differed with the said police report and had taken cognizance. As per the F.I.R., no specific allegation has been made against the petitioner.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Sujeet Kumar, Judicial Magistrate, 1st class, Nawada in connection with Narhat (Sitamarhi) P.S. case No.71 of 2007, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T