Lalan Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84491 of 2023 Arising Out of PS. Case No.-75 Year-2022 Thana- MANSURCHAK District- Begusarai ====================================================== Lalan Chaudhary S/O Sukhdeo Choudhary Village- Fateha, Ps. Bachhwara, Dist. Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sabal Kumar Jha For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 363, 365, 385, 120B and 506 of the Indian Penal Code.

3. As per prosecution case, co-accused, Ram Pravesh Das and son of the informant both were abducted by unknown miscreants due to non-payment of due amount arises out of illegal excise activities where co-accused rescued himself after paying Rs. 30,000/- to other co-accused persons, where dead body of the son of the informant was found in river Ganga after twenty days of the occurrence. It is alleged that the son of the informant was called from home by the co-

Patna High Court CR. MISC. No.84491 of 2023(2) dt.08-01-2024 2/3 accused, Ram Pravesh Das.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Only because, petitioner is relative of co-accused namely, Sudhanshu Chaudhary and Golu Chaudhary, he has been dragged in this case. Nothing consistent material has come against the petitioner rather co-accused who took away the victim from his house has already been granted bail by another co-ordinate Bench of this Court vide Annexure-2 of this petition. He has no concern with this alleged occurrence. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 08.08.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Mansoorchak P.S. Case No. 75 of 2022 on furnishing bail bond of Rs.10,000/- (ten

Patna High Court CR. MISC. No.84491 of 2023(2) dt.08-01-2024 3/3 thousand) with two sureties of the like amount each to the satisfaction of learned J.M. Ist Class at Begusarai. (Sunil Kumar Panwar, J) Shubham/- U T