Sharwan Chaudhary Vs the State of Bihar — Murder and Culpable Homicide | Patna HC (2024)

Sharwan Chaudhary Vs the State of Bihar — Murder and Culpable Homicide | Patna HC (2024)

What the court decided

AI extract

Outcome

Regular bail granted on furnishing bail bonds of Rs.30,000/- with two sureties of the like amount each to the satisfaction of the learned 8th Additional Sessions Judge, Nalanda at Biharsharif, in connection with Asthawan P.S. Case No.164 of 2023, subject to the conditions under Section 437(3) CrPC and five additional Court-imposed conditions (family-member bailor with bona fide proof; attendance on all Trial Court dates; monthly police-station reporting for one year; no witness tampering; desistance from further offences).

Issue for consideration

Whether petitioner Sharwan Chaudhary, accused in Asthawan P.S. Case No.164 of 2023 lodged on 07.07.2023 under Sections 147/148/149/341/302/342/120B IPC, should be granted regular bail, considering his custody since 29.08.2023, framed charges, one Excise Act criminal antecedent, and bail already granted to seven co-accused persons. +1 more

Court's answer

In the present facts and circumstances of the case and the submissions made, the Court directed that the petitioner be granted bail upon furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each, to the satisfaction of the learned 8th Additional Sessions Judge, Nalanda at Biharsharif, in connection with Asthawan P.S. Case No.164 of 2023.

Ratio / Principle

The grant of bail was made subject to the conditions laid down under Section 437(3) of the Code of Criminal Procedure and to five further conditions imposed by the Court: (i) one bailor to be a family member of the petitioner who shall provide an official document showing his bona fide; (ii) appearance before the Trial Court on each and every date, failure on two consecutive dates without plausible reason entailing cancellation of bail bonds by the Trial Court itself; (iii) appearance before the concerned police station every month for one year to mark attendance; (iv) no inducement, promise or threat to witnesses or tampering with evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) desistance from committing any criminal offence again, failing which the State may take steps for cancellation.

Detailed headnote1 paragraphs

Oral bail order dated 08-05-2024 by Dr. Anshuman, J., Patna High Court, Criminal Miscellaneous No.5679 of 2024 (arising out of Asthawan P.S. Case No.164 of 2023, District Nalanda): regular bail granted to petitioner Sharwan Chaudhary s/o Raghunath Chaudhary @ Baunu (Village Jiyar, P.S. Asthawan). FIR lodged 07.07.2023 under Sections 147/148/149/341/302/342/120B IPC alleges seven named and 4 to 6 unknown accused assaulted the informant's husband in connivance; he died during treatment. Petitioner in custody since 29.08.2023; charge framed; one Excise Act criminal antecedent (on bail). Counsel for the petitioner argued the FIR was lodged on hearsay (telephone information) and pressed parity with seven co-accused already granted bail by this Court/coordinate Bench (orders dt. 08.02.2024, 20.02.2024, 09.04.2024 and 19.03.2024 in Cr. Misc. Nos.73335 of 2023, 9031 of 2024, 6210 of 2024 and 81437 of 2023); counsel for the State opposed, submitting the petitioner's name figured by virtue of confessional statements of other accused. Judge granted bail: bonds of Rs.30,000/- with two like sureties to the satisfaction of the learned 8th Additional Sessions Judge, Nalanda at Biharsharif, subject to Section 437(3) CrPC conditions plus: (i) one bailor a family member providing official bona fide document; (ii) attendance on every Trial Court date, failure twice consecutively without plausible reason entailing cancellation by the Trial Court; (iii) monthly police-station attendance for one year; (iv) no inducement/threat to witnesses or evidence tampering; (v) desistance from further offences, failure attracting cancellation steps by the State.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5679 of 2024

Arising Out of PS. Case No.-164 Year-2023 Thana- ASHTHAWAN District- Nalanda

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

Sharwan Chaudhary Son Of Raghunath Chaudhary @ Baunu Resident Of Village - Jiyar, P.S. - Asthawan, District - Nalanda

... ... Petitioner/s

Versus

The State Of Bihar

... ... Opposite Party/s

====================================================== Appearance :

For the Petitioner/s : Mr. Pankaj Kumar, Advocate For the Opposite Party/s : Mr. Anil Kumar Singh No. 1, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

3 08-05-2024

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Asthawan P.S. Case No.164 of 2023, lodged on 07.07.2023, under Section 147/148/149/341/302/342/120B of the Indian Penal Code.

As per the prosecution, FIR has been lodged against seven named and 4 to 6 unknown accused persons with allegation that they all in connivance with each other had assaulted the husband of the informant due to which husband and other family members became injured. During treatment he died.

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

Patna High Court CR. MISC. No.5679 of 2024(3) dt.08-05-2024 2/3

submits that from the bare reading of the FIR, it became crystal clear that the informant had lodged the FIR on hearsay material i.e., after receiving information on phone. Learned counsel further submits that there is one criminal antecedent of the petitioner in which he is on bail and it is the matter relating to Excise Act. He is in custody since 29.08.2023. Counsel submits that charge has already been framed and other seven coaccused persons have been granted bail by this Court and by the coordinate Bench of this Court vide order dated 08.02.2024, 20.02.2024, 09.04.2024 and 19.03.2024 passed in Cr. Misc. Nos.73335 of 2023, 9031 of 2024, 6210 of 2024 and 81437 of 2023 respectively.

Learned counsel for the State opposes the prayer for bail and submits that the name of the petitioner and other accused persons have figured by virtue of confessional statement of other accused persons.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/(Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned 8^th Additional Sessions Judge, Nalanda at Biharsharif in connection with Asthawan P.S. Case

Patna High Court CR. MISC. No.5679 of 2024(3) dt.08-05-2024 3/3

No.164 of 2023, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure with other following conditions:

(i) One of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;

(ii) The petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;

(iii) The petitioner shall appear before the concerned police station every month for one year to mark attendance;

(iv) The petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and

(v) The petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds.

(Dr. Anshuman, J)

Mkr./-

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