Patna High CourtCR. MISC./3847/2024bail granted

Shankar Choudhary v. The State Of Bihar

2024-04-09Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3847 of 2024 Arising Out of PS. Case No.-904 Year-2022 Thana- BIHTA District- Patna ====================================================== Shankar Choudhary S/O Late Panak Choudhary R/o- Village - Doghara, P.S.- Bihta, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar Singh Sr. Advocate Mr. Siddharth Harsh For the Opposite Party/s :

Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 09-04-2024 Heard the learned senior counsel for the petitioner; Shri Rajesh Kumar Singh and learned APP for the State.

2. The petitioner seeks regular bail in a case registered for the offence under Sections 341, 354, 448, 302 of the Indian Penal Code.

3. As per the prosecution case, the petitioner is said to have killed the deceased. It is alleged that initially, the petitioner has tried to outrage the modesty of the victim, thereafter he has killed the deceased.

4. Learned counsel for the petitioner submits that F.I.R. has been registered on 09.09.2022 but the same has been received in the court of A.C.J.M. on 13.09.2022 which castes a doubt on the prosecution story. He further submits that at the time of preparation of the inquest report, no one has come

Patna High Court CR. MISC. No.3847 of 2024(3) dt.09-04-2024 2/2 forward to name the petitioner. Petitioner is in jail since 08.08.2023.

5. Learned A.P.P. has vehemently opposed the prayer for bail.

Considering the aforesaid facts and circumstances, this application for regular bail is allowed.

7. Let the petitioner, above named, be released on bail after framing of charge if the charge has not already been framed on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-1, Patna/concerned Court below in connection with Bihta P.S. Case No. 904 of 2022 subject to condition that:- 7(i) The petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and on absence on two consecutive dates without sufficient reason, the bail bond shall be cancelled by the Court below.

(Sandeep Kumar, J) Shishir/- U T