Delivering an oral order in an illegal possession/alleged killing case, the High Court directed the petitioner to be released on bail by furnishing a monetary bond and two sureties to the Chief Judicial Magistrate.
Petitioner directed to be released on bail on furnishing a bond of Rs.10,000 and two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.17536 of 2015
Arising Out of PS.Case No. -204 Year- 2014 Thana -WARSALIGANJ District- NAWADA
====================================================== AKASH @ CHHOTU CHAUDHARY SON KRISHNA CHAUDHARY RESIDENT OF VILLAGE KOERI TOLA, DEVI ASTHAN, P.S. - WARSALIGANJ, DISTRICT - NAWADA.
.... .... PETITIONER/S VERSUS THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance: For the Petitioner/s : Mr. Pravin Kumar Gupta, Adv. For the Opposite Party/s : Mr. H.A. Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER
Heard learned counsel for the petitioner as well as
2 12-05-2015
learned Additional Public Prosecutor.
Sumitra Devi filed written report alleging inter alia that her husband Budhdeo Kumar Kushwaha was taken away by Krishna Chaudhary deceitfully to his house in order to pay Rs.2 lacs which he was owing. At about 01:00 PM there was rumour that her husband is lying dead at the house of Krishna Chaudhary whereupon she rushed and found her husband in half naked condition. So many patches were there over his body. None was present inside the house and so she apprehended hands of all the family members in getting her husband eliminated.
From the order impugned, it is apparent that petitioner is not the person who had accompanied the deceased nor his presence has been perceived at his house by the witnesses whereupon complicity of petitioner could be formed during commission of the crime.
Patna High Court Cr.Misc. No.17536 of 2015 (2) dt.12-05-2015
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Accordingly, petitioner Akash @ Chhotu Chaudhary is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Nawada in connection with Warisaliganj P.S. Case No.204 of 2014. (Aditya Kumar Trivedi, J.) PN/U T
1 issue framed by the court
Whether the petitioner should be released on bail.
AKASH @ CHHOTU CHAUDHARY
THE STATE OF BIHAR
ADITYA KUMAR TRIVEDI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
