Rajeshwar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10587 of 2023 Arising Out of PS. Case No.-286 Year-2022 Thana- KHAIRA District- Saran ====================================================== Rajeshwar Chaudhary S/O Late Shivnath Chaudhary Resident Of VillageKhodaibagh, P.S.- Khaira, District- Saran. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Yashraj Bardhan For the Opposite Party/s :

Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 304 of the Indian Penal Code and Sections 3, 4, 5 of Explosive Substance Act.

As per FIR, the allegation against the petitioner and co-accused persons is of involving in manufacturing and selling of illegal crackers without having any valid license. It is further alleged that due to their negligence five persons lost their life. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. There is no specific

Patna High Court CR. MISC. No.10587 of 2023(3) dt.07-07-2023 2/2 allegation of any offence is attributed against the petitioner and nothing incriminating article has been recovered from his conscious possession. He has got no criminal antecedent. Similarly situated co-accuse has already been granted bail by this Court vide order dated 12.04.2023 passed in Cr. Misc. NO. 72320 of 2022. It is further submitted that the petitioner is languishing in judicial custody since 29.07.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Khaira P.S. Case No. 286 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Ist Class, Saran. (Sunil Kumar Panwar, J) lata/- U T