Baban Chaudhary @ Sachindra Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.59348 of 2018 Arising Out of PS.Case No. -149 Year- 2000 Thana -PANDAUL District- MADHUBANI ====================================================== Baban Chaudhary @ Sachindra Chaudhary, S/o Late Raghubir Chaudhary, R/o Vill.- Shahpur, P.S.- Pandaul, District- Madhubani. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Subhash Kumar Jha, Advocate For the Opposite Party/s : Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 06-10-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in Pandaul P.S. Case No.149 of 2000 instituted for the offence under Section(s) 302/34 Indian Penal Code.
Counsel for the petitioner submits that petitioner is not named in the First Information Report. He is in custody since 21.05.2018.
It is alleged that one Sunita Devi arrived and informed the informant that total ten persons, as named in the written report, have tied the son of the informant in their house with intention to kill him. The informant wanted to go to the place of occurrence, but his Advocate, Arbind Choudhary, told
Patna High Court Cr.Misc. No.59348 of 2018 (3) dt.06-10-2018 2/2 her that nothing will happen with her son. Thereafter, the informant learnt that his son has been killed. Counsel for the petitioner submits that his name has come subsequently during investigation on the basis of statement of Sunita Devi recorded under Section 161 Cr.P.C. She did not name the petitioner in first instance, but she has named the petitioner in her subsequent statement.
It has been submitted that the other co-accused has already been granted bail by co-ordinate Bench of this Court vide order dated 04.10.2018 passed in Cr. Misc. No.55012 of 2018. In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, 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 the Chief Judicial Magistrate, Madhubani, in connection with Pandaul P.S. Case No.149 of 2000, subject to the condition that both the bailors shall be close relative of the petitioner.
(Sanjay Priya, J) JA/- Rohit Kr.
U T