Patna High CourtCR. MISC./50889/2018bail granted

Mukesh Chaudhary v. The State Of Bihar

2018-09-18Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50889 of 2018 Arising Out of PS.Case No. -251 Year- 2003 Thana -AHIYAPUR District- MUZAFFARPUR ======================================================

1. Mukesh Chaudhary Son of late Bhola Chaudhary Resident of MohallaChandwara Soda Godam Chowk, P.S. Town, District- Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections- 302/34 of the Indian Penal Code.

The prosecution case, in brief, is that dead body of brother of the informant was found in Lichi orchard.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 08-04-2018 and he has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge sheet has already been submitted in this case. The petitioner is not named in the FIR. His name has transpired in this case in course of investigation. He has been made accused in the present case

Patna High Court Cr.Misc. No.50889 of 2018 (2) dt.18-09-2018 merely on the basis of suspicion. There is no direct or indirect evidence against the petitioner. The towel, used in course of occurrence, is suspected to be of the petitioner. On behalf of the State, it is submitted that the petitioner's name has transpired in course of investigation. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in connection with Ahiyapur P.S. Case No. 251 of 2003.

(Sudhir Singh, J) A.K.V./- U T