Jalendra Chaudhary @ Jailendra Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71834 of 2022 Arising Out of PS. Case No.-136 Year-2020 Thana- NOKHA District- Rohtas ====================================================== 1.

JALENDRA CHAUDHARY @ JAILENDRA CHAUDHARY Son of Jokhan Chaudhary Resident of Village- Raghunathpur, P.S.- Nokha, DistrictRohtas 2.

ASHOK CHAUDHARY Son of Jokhan Chaudhary Resident of VillageRaghunathpur, P.S.- Nokha, District- Rohtas 3.

RABINDRA CHAUDHARY @ RAVINDRA CHAUDHARY Son of Late Rajgrihi Chaudhary Resident of Village- Raghunathpur, P.S.- Nokha, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mithilesh Kumar Singh, Advocate For the Opposite Party/s :

Mr.Tarun Prasad Mandal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-01-2023 Heard the learned counsel for the petitioners and the learned A.P.P. for the State. The petitioners seek regular bail in connection with Nokha P.S. Case No. 136 of 2020 for the offence registered under Sections 302 and 120(B) of the Indian Penal Code and Section 27 of the Arms Act.

The allegation is regarding the husband of the deceased victim lady having murdered the deceased victim lady by firing gun shots on her head resulting in her instantaneous death. The

Patna High Court CR. MISC. No.71834 of 2022(2) dt.02-01-2023 2/3 petitioners herein are stated to be neighbours of the accused persons, whose houses are situated at a distance from the house of the said accused persons.

The learned counsel for the petitioners has submitted that the petitioners are innocent, they have been falsely implicated in the present case, are having a clean antecedent and they are languishing in custody since 25.07.2022.

The learned counsel for the petitioners submitted that the petitioners have got no role to play in the alleged occurrence inasmuch as the incident in question has been affected by the husband of the deceased victim lady as is also apparent from the investigation carried out by the police, hence the petitioners be granted bail. Per contra, the learned A.P.P. appearing for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioners and taking

Patna High Court CR. MISC. No.71834 of 2022(2) dt.02-01-2023 3/3 into account the materials available on record as also considering the materials available in the case diary, this Court finds that there is minuscule evidence to connect the petitioners with the alleged crime apart from the fact that the main accused in the present case is the husband of the deceased victim lady, who is stated to have fired gun shots on the head of the deceased victim lady resulting in her instantaneous death, hence I deem it fit and proper to direct for release of the petitioners herein on regular bail.

Accordingly, the petitioners, above named, are directed to be released on bail upon them furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Rohtas at Sasaram in connection with Nokha P.S. Case No. 136 of 2020.

(Mohit Kumar Shah, J) S.Sb/Saurav U T