Kanhaiya Chaupal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70037 of 2019 Arising Out of PS. Case No.-33 Year-2019 Thana- RUDRAPUR District- Madhubani ====================================================== KANHAIYA CHAUPAL, aged about 35 years, Male, Son of Ghuran Chaupal, Resident of Village - Nav Nagar, P.S.- Rudrapur, Distt - Madhubani. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Yogendra Kumar, Advocate.

For the Opposite Party :

Mr.Uma Shankar Prasad Singh, A.P.P.

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

The petitioner seeks bail in a case for the offence registered under Sections 302 and 201/34 of the IPC. The prosecution story, in brief, is that on 07.04.2019 at bout 10.00 P.M. the husband of the informant had gone to the house of the petitioner and Phulo Devi having taken Meat on the invitation of the aforesaid accused persons. The informant's husband took dinner alongwith this petitioner and Phulo Devi and thereafter he was killed by them with the help of some unknown accused persons. It is also alleged that for the purpose of concealing evidence, his dead body was thrown near Nanuar Petrol Pump and Tempo was put on the dead body. It has been submitted by learned counsel for the

Patna High Court CR. MISC. No.70037 of 2019(2) dt.19-11-2019 2/2 petitioner that the petitioner is languishing in custody since 08.04.2019. The petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has been made accused in the present case on the basis of last seen. Except for this, there is no circumstantial evidence to suggest the participation of the petitioner in the present case. There is no eye witness to the alleged occurrence.

On behalf of the State and the informant, it is submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, let 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 the learned Additional Sessions Judge, Jhanjharpur, Madhubani, in connection with Rudrapur P.S. Case No. 33 of 2019, corresponding to G.R.No. 505 of 2019 (S.T. No. 397 of 2019).

(Sudhir Singh, J) U.K./- U T