Mukesh Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68576 of 2023 Arising Out of PS. Case No.-385 Year-2022 Thana- DEEPNAGAR District- Nalanda ====================================================== Mukesh Chaudhary, S/o Krishna Chaudhary, R/o Village Dhaspur P.S Manpur, Distt- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ritesh Kumar For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-01-2024 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner has prayed for bail in a case registered for the offence punishable under Sections 302, 201, 120(B) and 34 of the Indian Penal Code.

3. Allegation against the accused persons including the petitioner is that they have committed murder of the informant's mother and further threw the dead body in the well.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case merely on suspicion. He is brother of the co-accused Soni Devi and is just because of that, he has been made accused in this case. There is no any specific allegation against the

Patna High Court CR. MISC. No.68576 of 2023(4) dt.29-01-2024 2/2 petitioner. During course of investigation, no consistent evidence has come to suggest the complicity of the petitioner in the alleged occurrence. It is further submitted in para 10 of the petition that other two co-accused persons have been granted regular bail from the learned court below on the ground of no evidence, since the informant and other witnesses did not support the prosecution case during the course of evidence. Petitioner is languishing in judicial custody since 09.07.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nalanda, Biharsharif in connection with Deepnagar P.S. Case No.385 of 2022.

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