Amit Kumar Chaudhary @ Amit Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69596 of 2022 Arising Out of PS. Case No.-94 Year-2022 Thana- TEGHRHA District- Begusarai ====================================================== Amit Kumar Chaudhary @ Amit Chaudhary S/O Bhaso Chaudhary R/O Village- Dularpur Naya Nagar, P.S.- Teghra, Distt- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sabal Kumar Jha For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-05-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 364, 34 of the Indian Penal Code and later on charge sheet has been submitted u/s 364, 302, 34 of the IPC. As per prosecution case, informant alleged that the petitioner along with other co-accused persons, who were variously armed, came and abducted two sons of the informant. Later on, one of the sons of the informant returned after he was let out by the petitioner and other

Patna High Court CR. MISC. No.69596 of 2022(5) dt.22-05-2023 2/3 co-accused persons.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the F.I.R and his name subsequently sprang up on the confessional statement of co-accused Nigam Kumar. Both parties are next door neighbour and there is a land dispute going on between them due to which he has falsely been implicated in this present case. It is further submitted that the statement of the victim (Chhotu Rai) was recorded under Section 161 of the Cr.P.C. which is mentioned in Para 17 of the case diary, wherein, he did not whisper any complicity of the petitioner. Except suspicion, nothing has come against the petitioner during investigation. Moreover, similarly situated other co-accused person has already been granted bail by the different coordinate Bench of this Court vide order dated 08.02.2023 in Cr. Misc. No. 44225 of 2022. The petitioner is languishing in judicial custody since 15.07.2022.

Patna High Court CR. MISC. No.69596 of 2022(5) dt.22-05-2023 3/3 Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Teghra P.S. Case No. 94 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M. Begusarai.

(Sunil Kumar Panwar, J) Shageer/- U T