Bomi Choudhary @ Bauni Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73462 of 2019 Arising Out of PS. Case No.-167 Year-2019 Thana- JAGDISHPUR District- Bhagalpur ====================================================== BOMI CHOUDHARY @ BAUNI CHOUDHARY S/o Late Laldhari Choudhary R/o village- Harijan Tola Puraini, P.S.- Jagdishpur, DistrictBhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Najmul Hodda For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 302/34 of the Indian Penal Code. The prosecution case in short is that the mother of the informant died in a suspicious condition.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 27.5.2019 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. The name of the petitioner has transpired merely on the basis of suspicion. Except for

Patna High Court CR. MISC. No.73462 of 2019(2) dt.19-11-2019 2/2 suspicion, there is no other substantive evidence to suggest his implication in the present case. There is no eye witness to the alleged occurrence.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Jagdishpur P.S. Case No. 167 of 2019.

(Sudhir Singh, J) Pankaj/- U T