Krishnaballabh Chauhan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25957 of 2015 Arising Out of PS.Case No. -84 Year- 2013 Thana -MANPUR District- NALANDA (BIHARSHARIFF) ====================================================== Krishnaballabh Chauhan, S/o Sukh Ram Chauhan, resident of villageDamban Bigha, Police Station- Manpur in the District of Nalanda .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sunil Kumar, Advocate For the Opposite Party/s : Mr. Smt. Sahin Begum(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-07-2015 The petitioner is apprehending his arrest in connection with Manpur P.S. Case No. 84 of 2013 for the offence under Sections 302/34 of the Indian Penal Code. Heard learned counsel for the petitioner and the State.
The prosecution story, in brief, is that the father of the informant had gone to village Newaji Bigha for watching cultural programme in the evening and when he did not return the informant started searching but he could not find his father. In the next morning, the dead body of the informant's father was lying in the paddy field of Sinheshwar Choudhan with injuries caused by axe.
It is submitted on behalf of the petitioner that there is no direct or indirect evidence to suggest his implication in the present case. It is further submitted that the name of the petitioner has appeared in the present case merely on the basis
Patna High Court Cr.Misc. No.25957 of 2015 (2) dt.16-07-2015 of suspicion. It is further submitted that there is no circumstantial evidence also in the present case to suggest his implication.
On behalf of the State, it has been submitted that petitioner is not named in the First Information Report and his name has appeared during course of investigation. Considering the aforesaid facts, let the above named petitioner, in the event of his arrest or surrender in the court below within a period of four weeks, 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 learned Additional Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Manpur P.S. Case No. 84 of 2013, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Sudhir Singh, J) P.K./- U T