Chandan Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.60528 of 2018 Arising Out of PS. Case No.-387 Year-2017 Thana- GAYA MUFASIL District- Gaya ======================================================
1. Chandan Kumar, S/o Late Ramchandra Mistri,
2. Pintu Kumar Gupta, S/o Late Anandi Prasad, Both are R/o Mohalla- Sudhi Tola, Manpur, P.O.- Buniyadganj, P.S.- Muffasil, District- Gaya.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manish Kumar No-2, Advocate For the Opposite Party/s :
Mr. Nityanand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 11-12-2018 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners seek pre-arrest bail in connection with Gaya Mofassil P.S. Case No.387 of 2017 registered for the offence punishable under Section 302 read with 34 of the Indian Penal Code.
Learned counsel for the petitioners submitted that in the first information report though seven persons including these two petitioners are named, the specific allegation of putting a muffler around the neck of the father of the informant and tightening the same is against co-accused Chandra Bhushan Pandey. As far as other accused persons are concerned, the
Patna High Court Cr.Misc. No.60528 of 2018(3) dt.11-12-2018 2/3 allegation is that they also assaulted the father of the informant. However, the postmortem report would reveal that save and except injury around the neck of the deceased, no other injury was found on his person. It is submitted that the implication of the petitioners and four others except Chandra Bhushan Pandey is absolutely false and has been made with ulterior motive. It is further contended that co-accused Chunchun Kumar having identical allegation to that of the petitioners have already been granted pre-arrest bail by a co-ordiante Bench of this Court vide order dated 24.08.2018 passed in Cr. Misc. No.47247 of 2018. Learned counsel for the State admitted that the doctor has opined that death of the victim was caused due to strangulation and no other bodily injury was found on the person of the deceased.
Considering the submissions made above, in the event of arrest or surrender in the court below within a period of six weeks from today, the petitioners are directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya in connection with Gaya Mofassil P.S. Case No.387 of 2017 subject to the conditions as laid down under Section 438(2) of
Patna High Court Cr.Misc. No.60528 of 2018(3) dt.11-12-2018 3/3 the Code of Criminal Procedure.
(Ashwani Kumar Singh, J.) Sanjeet/- U T