Subodh Chourasiya @ Subodh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5150 of 2025 Arising Out of PS. Case No.-135 Year-2022 Thana- CHAUTHAM District- Khagaria ====================================================== Subodh Chourasiya @ Subodh Kumar S/o Late Mahendra Chourasia Resident of Bhuautauli Malpa, PS- Chautham, District- Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amar Kumar Singh, Advocate For the Opposite Party/s :
Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-02-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Chautham P.S. Case No. 135 of 2022 instituted for the offences under Sections 307, 504, 506/34 of the Indian Penal Code and 27 of the Arms Act.
3. Accusation against the accused persons including the petitioner of demanding extortion from the informant's brother. It is further alleged that when the informant's brother denied to give the extortion, the petitioner fired upon him as a
Patna High Court CR. MISC. No.5150 of 2025(2) dt.06-02-2025 2/3 result of which he sustained injuries.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel further submitted that there is a delay of two days in lodging the FIR without plausible explanation, which in itself, raises doubt over the prosecution story. Learned counsel further submitted that petitioner never demanded any ransom from the informant or his brother. It has been submitted on behalf of the petitioner that the petitioner is in custody since 03.08.2024 and has one criminal antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Learned APP further submitted that there specific allegation against the petitioner of firing upon the informant's brother as a result of which he sustained injuries. Learned APP further submitted that the injuries are found to be grievous in nature caused by firearm. Learned APP, therefore, prays that petitioner may not be released on bail.
6. Considering the aforesaid facts and circumstances of the case, there being specific allegation of firing against the petitioner and also the firearm injury being grievous in nature, this Court is not inclined to grant bail to the petitioner.
Patna High Court CR. MISC. No.5150 of 2025(2) dt.06-02-2025 3/3
7. Accordingly, the prayer for grant of bail to the petitioner is, hereby, rejected.
(Rudra Prakash Mishra, J) Alok Verma/- U T