Shanker Chauhan @ Sanker Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86947 of 2024 Arising Out of PS. Case No.-397 Year-2023 Thana- MIRGANJ District- Gopalganj ====================================================== Shanker Chauhan @ Sanker Chauhan Son of Late Jadu Chauhan VillageKhushiyat Chhapar, P.S.- Mirganj, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raghav Prasad, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 21-03-2025 Heard Mr. Raghav Prasad, learned counsel for the petitioner and Mr. Sanjay Kumar Tiwary, learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Section 302/24 of the Indian Penal Code.

3. The case of the prosecution is that on 19.10.2023 at 18:30 hours, when the informant was at his house, he heard noise and went towards the noise and found that before the door of Shanker Chauhan his son Sudu Chauhan aged about 19 years was found pool of blood in a chauki and Shanker Chauhan (the petitioner) was standing there having a knife in his hand. His brother Shambhu Chauhan was also there who was having pistol.

Patna High Court CR. MISC. No.86947 of 2024(4) dt.21-03-2025 2/3

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. He has got no criminal antecedent. It is also submitted that from the FIR itself, it transpires that there is no eye witness of this case. Nobody has seen the occurrence. It is also submitted that in FIR, it is clear that the dead body of the deceased was found in pool of blood but in inquest report, there is no such entry that blood was found at the place of the occurrence. It is further submitted that the petitioner is languishing in judicial custody since 21.10.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail and submits that in para-7 one witness has stated that he has seen the petitioner fleeing away from the place of occurrence and he was having a knife and knife was recovered from his possession. It is also submitted that the dead body was found before the door of this petitioner. It is alleged that he has killed the son of the informant. From perusal of the postmortem report, it also transpires that the death was caused due to sharp cut injury. The petitioner was arrested with knife and knife was recovered from his possession.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is

Patna High Court CR. MISC. No.86947 of 2024(4) dt.21-03-2025 3/3 not inclined to enlarge the petitioner on bail at this stage, and as such, his prayer for bail stands rejected.

7. However, the petitioner will be at liberty to renew his prayer for bail after six months if the trial is not concluded. (Ashok Kumar Pandey, J) Sudhanshu/- U T