Munna Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81088 of 2024 Arising Out of PS. Case No.-282 Year-2023 Thana- MASHRAK District- Saran ====================================================== Munna Chaudhary Son of Jawahhir Chaudhary Resident of Village- Sikti Bhikham, Police station Mashrakh District- Saran (Chapra) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sachida Nand Rai For the Opposite Party/s :
Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for offence under Sections 341, 323, 324, 302/34, 120(B) of the Indian Penal Code.
3. Allegation against petitioner and other accused persons is that they committed murder of son of informant.
4. Learned counsel for the petitioner submits that informant is not eye-witness to the occurrence. Petitioner has been made accused in this case merely on the basis of suspicion. He further submits that the occurrence has taken place at 3:00 A.M. when the deceased has gone to meet Anjali Kumari. Petitioner has got no concern with the alleged offence. Coaccused Krishna Chaudhary, having similar and identical
Patna High Court CR. MISC. No.81088 of 2024(2) dt.24-01-2025 2/2 allegation, has already been granted bail by a coordinate Bench of this Court, vide order dated 19.12.2023 passed in Cr.Misc. No. 63070 of 2023 (Annexure - 3 to the bail petition). Learned counsel for the petitioner, by way of filing supplementary affidavit, submits that during trial, the informant of the case namely Sharda Devi has not supported the prosecution case and has stated that when she reached at the place of occurrence, her son was in unconscious condition and he did not regain consciousness till death (copy of deposition is at Annexure P-4 to the supplementary affidavit). Petitioner is in custody since 24.06.2024.
5. Learned A.P.P. for the State vehemently opposed the bail petition.
6. Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. - VII, Chapra, Saran in connection with Mashrakh P.S. Case No. 282 of 2023.
(Prabhat Kumar Singh, J) anay U T