Bigu Chaudhary @ Bigu Chaudhry v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63790 of 2022 Arising Out of PS. Case No.-94 Year-2022 Thana- KASMA District- Aurangabad ====================================================== 1.

Bigu Chaudhary @ Bigu Chaudhry Son Of Rajendra Chaudhary R/O Vill.- Mahuaain, P.S.- Kasma, Distt.- Aurangabad 2.

Sajan Chaudhariy Son Of Rajendra Chaudhary R/O Vill.- Mahuaain, P.S.- Kasma, Distt.- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Singh For the Opposite Party/s :

Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-03-2023 Heard learned counsel for the petitioners and learned A.P.P appearing on behalf of the State. The petitioners are languishing in custody in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

It is a case of commission of murder of the uncle of the informant. It is alleged on the charge of committing theft, the uncle of the informant was badly assaulted by all the accused persons including the petitioners, as a result of which, he succumbed to the injuries.

Patna High Court CR. MISC. No.63790 of 2022(3) dt.24-03-2023 2/3 It is submitted by learned counsel for the petitioners that petitioners are innocent and they have falsely been implicated in this case. There is no consistent material evidence against the petitioners and only on the basis of suspicion, the petitioners have been roped in the present case. There is no eye witness to the occurrence. There is general and omnibus allegation against the petitioners. The petitioners are languishing in custody since 19.08.2022. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent.

Learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioners.

Considering the facts aforesaid and the period under custody, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial

Patna High Court CR. MISC. No.63790 of 2022(3) dt.24-03-2023 3/3 Magistrate, Aurangabad in connection with Kasma P.S. Case No. 94 of 2022.

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