Yadunandan Chaudhary And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56758 of 2018 Arising Out of PS.Case No. -4 Year- 2018 Thana -KALER District- JEHANABAD ======================================================

1. Yadunandan Chaudhary, S/o Late Rampati Chaudhary,

2. Satyendra Chaudhary @ Satendra Chaudhary, S/o Late Kamkhya Chaudhary, Both are R/o Vill.- Bela, P.S.- Kaler , District- Arwal. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Paras Nath, Advocate For the Opposite Party/s : Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-09-2018 Heard learned counsel for the petitioners and the State. The petitioners seek bail in Kaler P.S. Case No. 04 of 2018 instituted for the offence under Sections 302 and 328/34 of the Indian Penal Code.

Counsel for the petitioners submits that petitioners are in custody since 21.02.2018 and 23.02.2018 respectively. Counsel for the petitioners further submits that it is a case of last seen. In the written report it is alleged that petitioners came at the house of the informant and told his uncle for some work in Sone river and in their company, uncle of the informant went out from the house. It is further alleged that petitioners returned back but uncle of the informant did not return. The informant inquired about his uncle from the petitioners but they could not give satisfactory reply. On 1.2.2018

Patna High Court Cr.Misc. No.56758 of 2018 (2) dt.28-09-2018 2/2 at about 10:00 a.m. while the informant was going for fishing in Sone river, he saw crowd of people at the bank of Sone river, upon which, he went there and found the dead body of his uncle. Thereafter, he informed his family members about the occurrence. The informant has suspected that his uncle was killed by administering some toxic material.

From the impugned order it appears that besides last seen, there is no other material against the petitioners. Keeping in view the period spent by the petitioners in custody, prayer for bail of the petitioners is allowed. Let the petitioners above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Arwal, in connection with Kaler P.S. Case No. 04 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioners. (Sanjay Priya, J) S.Ali/- U T