Nanhaki Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70580 of 2019 Arising Out of PS. Case No.-277 Year-2018 Thana- LAURIA District- West Champaran ====================================================== Nanhaki Chaudhary, Gender- Male, aged about 27 years, Son of Ram Deni Chaudhari @ Ram Deni Chaudhary, Resident of Village - Ramparsauna, P.S.- Sathi, Dist.- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar No 7, Adv.

For the Opposite Party/s :

Mr.Ramchandra Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 16-01-2020 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in a case registered for the offences punishable under Sections 365/34 of the Indian Penal Code.

Informant has alleged that on 26.08.2018 his father had gone to residence of his maternal uncle and returning back on next day i.e. 27.08.2018 and he came to know that thereafter along with petitioner went to the house of Dhrup Sah for collection of his dues. Earlier also Dhrup Sah has threatened to kill him if he will demand any due from him and on next day after much search he could not be located but his personal belongings were found along with Adhar card, driving license and motorcycle of his

Patna High Court CR. MISC. No.70580 of 2019(3) dt.16-01-2020 2/3 father was returned by Nanhaki Chaudhary (petitioner). It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case only on basis of suspicion and there is no eye-witness of occurrence. In spite of all effort made by the N.D.R.F. the body of the victim could not be traced in river. Petitioner has no criminal antecedent and is in custody since 10.06.2019.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Lauriya P.S. Case No. 227 of 2018, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will

Patna High Court CR. MISC. No.70580 of 2019(3) dt.16-01-2020 3/3 be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Rajiv/- U T