Indradeo Chauhan @ Indra Chauhan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30034 of 2017 Arising Out of PS.Case No. -258 Year- 2015 Thana -KHIJARSARAI District- GAYA ======================================================
1. Indradeo Chauhan @ Indra Chauhan Son of Late Lilla Chauhan, resident of Village- Karma Milki, Police Station- Hisua and District- Nawada. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s : Mr. Rajendra Singh Shastriji ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 08-08-2017 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner is languishing in custody since 02.03.2017 in connection with Khizer Sarai P.S. Case No. 258/2015 for offences punishable under Sections 302, 201, 34 of the Indian Penal Code. The prosecution case, as lodged by the informant, is that his father went to the house of Dhelphekwa Chauhan @ Feku Chauhan, co-villager for food and drinks and thereafter he became traceless. After two days his body was found lying in a ditch. Informant alleged that his father had been murdered by co-accused Pinku Chauhan due to revenge of murder of son of Lakhan Chauhan for which Khizer Sarai P.S. Case No. 240/13 was lodged.
Patna High Court Cr.Misc. No.30034 of 2017 (3) dt.08-08-2017 2/3 It has been submitted by the learned counsel for the petitioner that he is innocent, not named in the First Information Report and during course of investigation some of the witnesses have stated that the petitioner was also at the place of occurrence. He submits that Dhelphekwa Chauhan @ Feku Chauhan, who had taken his father for food and drinks, has been granted privilege of bail by a Coordinate Bench of this Court in Cr. Misc. No. 57374 of 2015 on 21.12.2015 and other accused persons have also been granted privilege of bail by Coordinate Benches of this Court. He submits that the petitioner has been implicated only on suspicion and that charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner.
However, learned APP for the State opposes the prayer for bail stating therein that the father of the informant has been killed by the accused persons.
Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate-III, Gaya, in connection with
Patna High Court Cr.Misc. No.30034 of 2017 (3) dt.08-08-2017 3/3 Khizer Sarai P.S. Case No. 258/2015, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property within the jurisdiction of the concerned police station, who will file an affidavit stating his relationship with the petitioner and that petitioner will appear before the learned court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds. (Nilu Agrawal, J) Rajesh/- U T