Santosh Chaudhary @ Santosh Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74530 of 2022 Arising Out of PS. Case No.-37 Year-2022 Thana- SALAIYA District- Aurangabad ====================================================== SANTOSH CHAUDHARY @ SANTOSH KUMAR CHAUDHARY S/O HULASH CHAUDHARY Resident of Village- Chandi Asthan, P.S.- Amas, Distict- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhaskar Shankar For the Opposite Party/s :

Mr. Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 304/34, 272, 273, 120B of the Indian Penal Code.

As per allegation in the FIR, son of the informant died after taking spurious liquor.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case only on the basis of suspicion. Save and except suspicion, during investigation, no consistent material has come against the petitioner to show his involvement in the present case. Petitioner is not named in the FIR. Similarly situated other co-accused persons

Patna High Court CR. MISC. No.74530 of 2022(3) dt.17-04-2023 2/2 have already been enlarged on bail by different co-ordinate Bench of this Court vide order dated 20.3.2023 passed in Cr. Misc. No. 73287/2022 and vide order dated 29.03.2023 passed in Cr. Misc. No. 70741 of 2022. Petitioner is languishing in judicial custody since 16.09.2022. 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, 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 ACJM-I, Aurangabad in connection with Salaiya P.S. Case No. 37 of 2022. (Sunil Kumar Panwar, J) sushmaU