Arbind Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66394 of 2022 Arising Out of PS. Case No.-94 Year-2022 Thana- KASMA District- Aurangabad ====================================================== 1.

ARBIND CHAUDHARY S/O Late Sri Chaudhary R/O Village- Mahuaain, P.S-Kasma, District- Aurangabad (Bihar) 2.

Sanjay Chaudhary S/O Late Dukhan Chaudhary @ Late Dhukhal Chaudhary R/O Village- Mahuaain, P.S-Kasma, District- Aurangabad (Bihar) ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Singh For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-03-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for bail in a case instituted for the offence under Sections 302/34 of the Indian Penal Code.

As per allegation in the FIR, seven named accused persons including the petitioners assaulted to Pintu Sao, uncle of the informant due to which he succumbed to injuries. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case. They have committed no offence. No one is the eye witness of the alleged occurrence. Only on the basis of hearsay witnesses,

Patna High Court CR. MISC. No.66394 of 2022(3) dt.28-03-2023 2/2 name of the petitioners have come into light. During investigation, no consistent material has come to show the involvement of the petitioners in the present case. Petitioners are languishing in judicial custody since 19.08.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Aurangabad in connection with Kasma P.S. Case No. 94 of 2022.

(Sunil Kumar Panwar, J) sushma/- U