Gabra Chaudhary @ Sunish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6072 of 2024 Arising Out of PS. Case No.-286 Year-2023 Thana- ROHTAS District- Rohtas ====================================================== Gabra Chaudhary @ Sunish Kumar S/O Late Ajay Chaudhary Village- Kerpa, Ps. Amjhor, Rohtas, Dist. Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Tiwary, Advocate For the Opposite Party/s :

Mr. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Rohtas (Amjhor) P.S. case No. 286 of 2023 instituted for the offences under Sections 341, 323, 504, 307, 386/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. Prosecution allegation, in short, is that all the accused persons including this petitioner assaulted the informant and her husband. It is further alleged that co-accused Arvind Ram fired on the husband of the informant due to which he became unconscious and fell on the ground.

4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 20.11.2023 and has one

Patna High Court CR. MISC. No.6072 of 2024(2) dt.12-02-2024 2/2 criminal antecedent. Charge-sheet has been submitted in this case. The petitioner has falsely been implicated in the present case. Learned counsel for the petitioner submits that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. The specific accusation of firing is attributed against the co-accused, namely Arvind Ram.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Rohtas (Amjhor) P.S. case No. 286 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T