Shatruhan Chaudhary @ Satrohan Chaudhary And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.59081 of 2018 Arising Out of P.S.Case No. -25 Year- 2018 Thana -BAIRIYA DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. SHATRUHAN CHAUDHARY @ SATROHAN CHAUDHARY, S/o Ram Nath Chaudhary,
2. Bhupendra Chaudhary @ Bhupendra Kumar S/o Shatruhan Chaudhary, Both are R/o Vill.- Bhediharwa, P.S.- Nautan, District- West Champaran, At present (As Per F.I.R.), R/o Vill.- Narayanpur, P.S.- Bairiya , Distt.- West Champaran.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s : Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 08-10-2018 Heard learned counsels for the petitioners and learned APP for the State.
The petitioners are in custody in connection with Bairiya P.S.Case No.25 of 2018 registered for an offence under Section 436/34 of the IPC.
As per FIR when the informant after taking meal was sleeping, he heard sound of burning. He came out from the house and saw his house burning and in the flame of fire, he identified this petitioner and co-accused.
It has been submitted that this case has been lodged after eighteen days of alleged occurrence. There is no eye witness to the
Patna High Court Cr.Misc. No.59081 of 2018 (2) dt.08-10-2018 2/2 occurrence. The petitioners have been implicated on account of old enmity which is apparent from the FIR. Petitioners are in custody since 18.06.2018 having clean antecedent. The learned APP opposed the submissions.
Considering the aforesaid facts and circumstances, prayer for bail is allowed. Let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of ACJM-IV, Bettiah, West Champaran in connection with Bairiya P.S.Case No.25 of 2018 with following conditions:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioners will not induce any witness or tamper with the evidence.
(iii) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.
(Sanjay Kumar, J) B.Kr./- U T