Chanchal Rai @ Chanchal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58944 of 2022 Arising Out of PS. Case No.-297 Year-2022 Thana- BIHTA District- Patna ====================================================== CHANCHAL RAI @ CHANCHAL KUMAR Son of Late Baljeet Prasad Resident of Danagunj, P.S.- Naubatpur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Kumar, Adv.

For the Opposite Party/s :

Mr.Dinesh Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-01-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

Allegedly, petitioner along with other co-accused persons murdered the brother of the informant and threw the body at informant's door.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. Petitioner is the brother-in-law of the deceased Devendra Rai. No such occurrence as alleged ever took place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He has been falsely implicated in this case

Patna High Court CR. MISC. No.58944 of 2022(3) dt.30-01-2023 2/3 due to ulterior motive. There is no eye-witness in this case. There is admitted land dispute between the parties. He further submits that there is no external injury over the body of the deceased. Both sides have filed cases against each other. The cause of death of the deceased was asphyxia due to strangulation, causing cardiac arrest. Petitioner has no criminal antecedent as mentioned in para-3 of this application. Learned APP for the State opposed the prayer for bail.

Having regard to the facts and circumstances of the case, since there is general and omnibus allegation against the petitioner as well as there is no material against the petitioner in the case diary, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Bihta P.S. Case No. 297 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) divyanshi/-

Patna High Court CR. MISC. No.58944 of 2022(3) dt.30-01-2023 3/3 U T