Patna High CourtCR. MISC./2743/2022bail rejected

Amol Chaudhary @ Amul Chaudhary v. The State Of Bihar

2022-05-12Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2743 of 2022 Arising Out of PS. Case No.-170 Year-2021 Thana- BIBHUTIPUR District- Samastipur ====================================================== Amol Chaudhary @ Amul Chaudhary S/O Ram Bilash @ Bhuttu Chaudhary R/o Village- Khadiyahi, Ward No.- 1, P.S.- Bibhutipur, Distt.- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhimanyu Sharma For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-05-2022 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Bibhutipur P.S. Case No. 170 of 2021, registered for the offence punishable under Sections 302/34 of the Indian Penal Code and section 27 of the Arms Act.

As per the prosecution case, this petitioner caused firearm injury upon the brother of informant resulting into his death.

It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case due to previous enmity. Informant is not eye-witness of the occurrence. From bare perusal of FIR, it is apparent that the alleged incident took place in the night at around 9.00 PM and there was no

Patna High Court CR. MISC. No.2743 of 2022(4) dt.12-05-2022 2/2 source of light and informant claimed to have identified the petitioner. Petitioner is in custody since 01.06.2021 having no criminal antecedent.

Learned APP however, vehemently opposed the prayer for bail and submitted that there is direct and specific allegation against this petitioner of causing firearm injury on account of which brother of informant died.

Considering the facts aforesaid and the nature of allegation, I am not inclined to enlarge the petitioner abovenamed on bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) vinita/- U T