Awdhesh Choudhary @ Awdhesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16738 of 2021 Arising Out of PS. Case No.-49 Year-2020 Thana- MANSURCHAK District- Begusarai ====================================================== AWDHESH CHOUDHARY @ AWDHESH KUMAR S/O ANMOL KUMAR @ ANMOL CHAUDHARY R/O VILLAGE BAZOPUR, AHIYAPUR, POLICE STATION MANSURCHAK, DISTRICT BEGUSARAI ... ... Petitioner/s

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sandip Kumar Gautam For the Opposite Party/s :

Mr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-10-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in a case registered for the offence punishable under Sections 307, 504 & 506/34 of the Indian Penal Code and Section 27 of the Arms Act. The prosecution case, in brief, is that the petitioner along with 3-4 unknown persons is said to have come to the house of the informant and resorted firing due to which the

Patna High Court CR. MISC. No.16738 of 2021(3) dt.21-10-2021 2/2 husband of the informant sustained fire arm injuries. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case merely on baseless and concocted allegation. No incriminating article has been recovered from his conscious physical possession. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner has one criminal antecedent as mentioned in para-2 of the supplementary affidavit and has been languishing in custody since 26.08.2020. Learned APP for the State opposed the bail petition.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Mansoorchak P.S. Case No.49 of 2020. (Anjani Kumar Sharan, J.) Trivedi/- U T