Chhotu Chaudhary vs The State Of Bihar
2021 Latest Caselaw 2636 Patna

       IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No.32016 of 2020
           Arising Out of PS. Case No.-220 Year-2020 Thana- FATUA District- Patna
  ======================================================

Chhotu Chaudhary, aged about 27 years, M, s/o Brijnandan Chaudhary, r/o - Station Road, Samaspur, Fatuha, P.S. - Fatuha, Distt. - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s : Mr. N K Agrawal, Senior Advocate with Mr. Amresh Kumar Sinha, Ms. Preety Kunwar, Advocates For the State : Mr. Amit Kumar Rakesh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 25-06-2021

The matter has been heard via video conferencing.

2. Heard Mr. N K Agrawal, learned senior counsel

along with Mr. Amresh Kumar Sinha and Ms. Preety Kunwar,

learned counsel for the petitioner and Mr. Amit Kumar Rakesh,

learned Additional Public Prosecutor (hereinafter referred to as

the 'APP') for the State.

3. The petitioner apprehends arrest in connection with

Fatuha PS Case No. 220 of 2020 dated 18.03.2020, instituted

under Sections 363, 302, 201,120-B of the Indian Penal Code

and 27 of the Arms Act, 1959.

4. The allegation against the petitioner, though not

named in the FIR, is on the basis of statement of brother of the Patna High Court CR. MISC. No.32016 of 2020 dt.25-06-2021

deceased that he was also party to the murder.

5. Learned counsel for the petitioner submitted that

neither in the FIR nor during investigation, any complicity of

the petitioner has come; rather, the same relates to dispute of

land where there have been cases in past between the families

and murder of various family members have also taken place. It

was submitted that even as per the FIR and the investigation,

genesis of the present case is that there was dispute with regard

to some lands sold from the side of the informant from which

the deceased was asking his share. Learned counsel submitted

that the petitioner is neither related to the parties nor has any

interest in the lands in question, and has been named only on

suspicion without any other material coming against him.

6. Learned APP, from the case diary, submitted that

the brother of the deceased has named him. However, he could

not controvert the fact that he has just raised suspicion and has

stated that he was told that the petitioner was also one of the

persons, who had killed his brother.

7. Having considered the facts and circumstances of

the case and submissions of learned counsel for the parties, in

the event of arrest or surrender before the Court below within

six weeks from today, the petitioner be released on bail upon Patna High Court CR. MISC. No.32016 of 2020 dt.25-06-2021

furnishing bail bonds of Rs. 25,000/- (twenty five thousand)

with two sureties of the like amount each to the satisfaction of

the learned ACJM, Patna City, in Fatuha PS Case No. 220 of

2020, subject to the conditions laid down in Section 438(2) of

the Code of Criminal Procedure, 1973 and further (i) that one of

the bailors shall be a close relative of the petitioner, (ii) that the

petitioner and the bailors shall execute bond with regard to good

behaviour of the petitioner, and (iii) that the petitioner shall also

give an undertaking to the Court that he shall not indulge in any

illegal/criminal activity, act in violation of any law/statutory

provisions, tamper with the evidence or influence the witnesses.

Any violation of the terms and conditions of the bonds or the

undertaking shall lead to cancellation of his bail bonds. The

petitioner shall cooperate in the case and be present before the

Court on each and every date. Failure to cooperate or being

absent on two consecutive dates, without sufficient cause, shall

also lead to cancellation of his bail bonds.

8. It shall also be open for the prosecution to bring

any violation of the foregoing conditions of bail by the

petitioner, to the notice of the Court concerned, which shall take

immediate action on the same after giving opportunity of

hearing to the petitioner.

Patna High Court CR. MISC. No.32016 of 2020 dt.25-06-2021

9. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

J. Alam/-

AFR/NAFR U T