Allowed

Satyendra Chaudhary v. the State of Bihar

Patna HC29 Sept 2022CR. MISC./11049/2022

Case brief

AI extract

What is this about?

The High Court at Patna granted bail to the petitioner, who accused of murder under Sections 302/34 IPC. The court considered the petitioner's clean record and lack of tampering risk, releasing him on bond with conditions. PhrasedMurder-and-culpable-homicide

What did the court decide?

Release on bail of Rs. 10,000 with two sureties subject to conditions to appear in court and not tamper with evidence.

Satyendra Chaudhary Vs the State of Bihar — Murder and Culpable Homicide | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11049 of 2022

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Arising Out of PS. Case No.-15 Year-2021 Thana- BARHARA District- Bhojpur

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======================================================

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SATYENDRA CHAUDHARY Son of Shiv Kumar Chaudhary Resident of Village - Kawal Chapra, Police Station - Sinha O.P. (Barhara), District - Bhojpur (Ara).

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... ... Petitioner/s

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Versus

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THE STATE OF BIHAR Bihar

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Sunil Kumar Singh For the Opposite Party/s : Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER

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3 29-09-2022

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Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today.

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Heard learned counsel for the petitioner and learned A.P.P. for the State.

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The petitioner seeks bail in connection with Barhara P.S. (Sinha O.P.) Case No. 15 of 2021 registered for the offences punishable under Sections 302/34 of the Indian Penal Code read with Section 27 of the Arms Act.

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As per prosecution case, there is accusation against the petitioner and others that they have concertedly committed murder of elder brother of the informant.

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Learned counsel for the petitioner submits that petitioner is in custody since 27.06.2021. Petitioner bears no

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Patna High Court CR. MISC. No.11049 of 2022(3) dt.29-09-2022 2/3

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criminal antecedent. Charge sheet has already been submitted in the case and there is no likelihood of tampering with the prosecution evidence. Learned counsel further submits that petitioner is innocent and has falsely been implicated in the present case. From perusal of the F.I.R. only one injury was found but it is not clear that who has caused injury rather allegation is general and omnibus in nature. All the witnesses are close relative and hearsay witness. Petitioner is implicated in this case merely on suspicion. Petitioner is co-villager and petitioner has no concern with the co-accused Ravindra Yadav, who earlier threatened to kill the informant’s brother. There is no motive attributed to the present petitioner. Similar situated co-accused Ravindra Yadav and Kashi Yadav have already been granted bail vide Cr. Misc. No. 20103 of 2022 and Cr. Misc. No. 64128 of 2021 respectively by co-ordinate bench of this Court and the case of present petitioner stands on better footing in comparison to the co-accused Kashi Yadav as co-accused Kashi Yadav was lastly seen with the deceased.

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The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

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Considering the facts and circumstances of the case as well as period of custody, charge-sheet has already been submitted and there is no likelihood of tampering with the

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Patna High Court CR. MISC. No.11049 of 2022(3) dt.29-09-2022 3/3

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prosecution evidence, keeping in view clean antecedent of the petitioner and also taking into consideration the material available on record, let the petitioner above named 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 C.J.M., Bhojpur at Ara in connection with Barhara P.S. (Sinha O.P.) Case No. 15 of 2021, subject to following conditions:-

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(i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

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(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission would be a ground for cancellation of bail by the learned Trial court itself.

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(iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

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(Alok Kumar Pandey, J)

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amitkr/-

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U T

Satyendra Chaudhary v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Satyendra Chaudhary v. the State of Bihar

Case brief

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What did the court decide?

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