Kishore Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2239 of 2024 Arising Out of PS. Case No.-230 Year-2023 Thana- BELDOUR District- Khagaria ====================================================== Kishore Chaudhary Son of Shiv Chaudhary Resident of village- Chakramania Ward No-5, P.S.- Beldaul, District- Khagaria (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Singh For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-07-2024 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 120(B) and 34 of the Indian Penal Code.

3. Allegation against the petitioner along with other co-accused person is that they took away the son of the informant from his house on the point of sharp weapon and thereafter killed him by knife.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no

Patna High Court CR. MISC. No.2239 of 2024(3) dt.12-07-2024 2/3 offence. He has falsely been implicated in this case. The name of the petitioner has come on the basis of confessional statement of co-accused Deepak Kumar in para-44 of the case diary. Neither any direct allegation has been made against the petitioner nor any consistent material has come against him. Informant is not the eye witness of the alleged occurrence. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Similarly situated other coaccused person has already been granted bail by this Court vide order dated 30.01.2024 in Cr. Misc. No. 122 of 2024. Moreover, the petitioner is languishing in judicial custody since 26.08.2023.

5. Learned APP appearing for the State and learned counsel for the informant have 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

Patna High Court CR. MISC. No.2239 of 2024(3) dt.12-07-2024 3/3 to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Beldaur P.S. Case No. 230 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Khagaria. (Sunil Kumar Panwar, J) Shageer/- U T