UDAY CHOUHAN @ UDAY KUMAR v. THE STATE OF BIHAR
Case at a glance
- Bench
- NAWNEET KUMAR
Provisions considered
- Indian Penal Code, 1860 ss. 34, 201, 302
- Arms Act, 1959 s. 27
Judgment
Arising Out of PS. Case No.-246 Year-2023 Thana- BARAHAT District- Banka ====================================================== Yugal Kishore Chouhan son of Krishna Mohan Chouhan Village- Sripur Po- Ramdiha Ps- Barhat Dist- Banka The State of Bihar Versus ... ... Petitioner/s ... ... Opposite Party/s ====================================================== CRIMINAL MISCELLANEOUS No. 33379 of 2024 Arising Out of PS. Case No.-246 Year-2023 Thana- BARAHAT District- Banka ====================================================== Ramanand Chouhan SON OF DHARMDEO PRASAD CHOUHAN Resident of Village - SHREEPUR DHARAMDIHA, PS- BARAHAT, DIST- BANKA Versus ... ... Petitioner/s
The State of Bihar The State Of Bihar Advocate general ====================================================== CRIMINAL MISCELLANEOUS No. 35265 of 2024 ... ... Opposite Party/s Arising Out of PS. Case No.-246 Year-2023 Thana- BARAHAT District- Banka ====================================================== AMARKANT @ BADAL SON OF BISHWANATH PRASAD CHOUHAN RESIDENT OF VILLAGE - SRIPUR, P.O. - RAMDIHA, P.S. - BARHAT, DISTRICT - BANKA THE STATE OF BIHAR Versus ... ... Petitioner/s ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 22769 of 2024) Patna High Court CR. MISC. No.22769 of 2024(5) dt.11-09-2024 Mr.Dhananjay Pandey Mr.Shahabuddin Azeem @ S. Azeem Mr.Sanjay Kumar Jha : For the Petitioner/s For the Opposite Party/s : Mr.Md. Ataur Rahman (In CRIMINAL MISCELLANEOUS No. 32508 of 2024) For the Petitioner/s : For the Opposite Party/s : (In CRIMINAL MISCELLANEOUS No. 33379 of 2024) Mr.Brij Nandan Prasad For the Petitioner/s : For the Opposite Party/s : Mr.Rina Sinha (In CRIMINAL MISCELLANEOUS No. 35265 of 2024) Mr.Dhananjay Pandey For the Petitioner/s : For the Opposite Party/s : Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 5 11-09-2024 Heard learned counsel for the petitioners as well as learned APP for the State.
2. In these cases, the petitioners are seeking regular bail in connection with Barahat P.S. Case No. 246 of 2023, registered for the offences punishable under Sections 302, 201, 34 of the Indian Penal Code and Section 27 of the Arms Act.
As per allegation, Madan Sharma (deceased) who was the son of the informant, had gone to visit fair in the evening of
25.10.2023. He apprised the informant that he was going to visit fair along with his friend Md. Hasan @ Palti. When the deceased didn’t return from the fair, the informant contacted on his mobile, which was picked up by Md. Hasan and he apprised the informant that some miscreants had committed murder of the deceased.
The learned counsel for the petitioners have submitted that except confessional statement of the petitioners, there is nothing in the entire case diary. The confessional statement is not leading to recovery of any kind of incriminating material, as such, it has no Patna High Court CR. MISC. No.22769 of 2024(5) dt.11-09-2024 probative value in the eye of laws.
learned counsels have also submitted that the deceased himself apprised his mother that he was going with Md. Hasan to the fair. Md. Hasan did not inform about the occurrence to the informant but when the informant attempted to contact her son on his mobile number, it was picked up by Md. Hasan and he told that her son was murdered by the miscreants. Learned counsels have further submitted that there might be possibility that the deceased would have been killed at the hands of his friend Md. Hasan and the innocent persons have falsely been implicated.
On the other hand, learned APP for the State, Shri Shailendra Kumar opposes the prayer for bail.
Considering the above-mentioned facts and circumstances, let the petitioners above-named be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-1st, Banka in connection with Barahat P.S. Case No. 246 of 2023, subject to the condition that the petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court. (Nawneet Kumar Pandey, J) Guddu/- U T
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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