Arvind Kumar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68540 of 2019 Arising Out of PS. Case No.-81 Year-2019 Thana- SITAMARHI District- Sitamarhi ====================================================== Arvind Kumar Choudhary Son of Late Ram Kripal Choudary, Resident of Village- Basuki, P.S.- Madhwapur, District- Madhubani. ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Bindhya Keshri Kumar, Senior Advocate Mr.Birendra Kumar Singh, Advocate For the Opposite Party/s :

Mr.Ramchandra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 04-12-2019 Heard learned Senior Counsel for the petitioner and learned A.P.P. for the State.

Petitioner in the present case is seeking regular bail in connection with Sitamarhi (Mehsaul OP) P.S. Case No. 81 of 2019 registered for the offences punishable under Sections 302/34, 120(B) of the Indian Penal Code and Section 27 of the Arms Act. Learned counsel for the petitioner submits that this petitioner happened to be the son of the deceased and it is he who had lodged the present case against unknown and it is only when the co-accused was arrested he made a statement that this petitioner had made available money to him for committing murder of his father and based on that confessional statement of the co-accused the informant has been brought in the category

Patna High Court CR. MISC. No.68540 of 2019(2) dt.04-12-2019 2/3 of accused, he has remained in custody since 07.08.2019. Learned A.P.P. for the State has opposed the prayer for bail.

Considering the facts and circumstances of the case, wherein this petitioner happened to be the son of the deceased and it is he who had lodged the present case against unknown and it is only when the co-accused was arrested he made a statement that this petitioner had made available money to him for committing murder of his father and based on that confessional statement of the co-accused the informant has been brought in the category of accused, he has remained in custody since 07.08.2019 and the investigation against him is complete, in the facts and circumstances of the case at this stage except the statement of the apprehended accused since no other material has been brought to the notice of this Court, let the petitioner above named be released on bail in connection with Sitamarhi (Mehsaul OP) P.S. Case No. 81 of 2019 on furnishing of bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi, subject to the condition as laid down under Section 437 (3) Cr.P.C. as under :

(a) that such person shall attend in accordance with

Patna High Court CR. MISC. No.68540 of 2019(2) dt.04-12-2019 3/3 the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

(Rajeev Ranjan Prasad, J) vats/ved U T