Nandu Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71486 of 2022 Arising Out of PS. Case No.-177 Year-2022 Thana- NASRIGANJ District- Rohtas ====================================================== NANDU CHAUDHARY S/o Late Tulsi Chaudhary R/v- Hariharganj, P.S.- Nasriganj, District- Rohtas at Sasaram ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Babu Nandan Prasad For the Opposite Party/s :

Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-04-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offences punishable under Sections 302 and34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is in custody since 20.09.2022 , is a person with clean antecedent and the allegation against the petitioner is of committing murder of the father of the informant along with other co-accused persons/family members due to previous enmity by means of causing assault by hard and blunt substance. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case, it is next submitted that informant is not an eye-

Patna High Court CR. MISC. No.71486 of 2022(2) dt.29-04-2023 2/2 witness to the occurrence and the entire allegation hinges around suspicion, further, no incriminating material was recovered from the possession of the petitioner connecting him with the offence nor during the course of investigation any material transpires which could connect the petitioner with the offence directly. It is next submitted that similarly situated coaccused Rajesh Chaudhary has been granted regular bail by a learned Co-ordinate Bench by order dated 17.03.2023 in Cr. Misc. No. 71379 of 2022.

Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody, is a person with clean antecedent, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Nasriganj P.S. Case No. 177 of 2022.

(Satyavrat Verma, J) HarshPandey/- U T