Jiyant Chaudhary @ Jaimant Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71372 of 2022 Arising Out of PS. Case No.-187 Year-2020 Thana- CHAKAND District- Gaya ====================================================== JIYANT CHAUDHARY @ JAIMANT CHAUDHARY S/o Late Shivnath Chaudhary R/o Village- Badaki(Barki), Takeya, P.S.- Chakand, Distt- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ujjawal Kumar Singh For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

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

As per prosecution case, eleven accused persons named in the FIR including the petitioner killed the brother of the informant and threw the dead body under bush. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner has been apprehended merely on the basis of suspicion. There is general and omnibus allegation of assaulting against the petitioner. The eleven persons, who have been made accused in this case but there is

Patna High Court CR. MISC. No.71372 of 2022(3) dt.27-04-2023 2/2 no specific overt act against the petitioner. Petitioner has got no criminal antecedent as stated in para-3 of the bail application. He is languishing in judicial custody since 19.09.2022. 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 as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Gaya in connection with Chakand P.S. Case No. 187 of 2020. (Sunil Kumar Panwar, J) arish/- U T