Neeraj Chaudhary @ Neeraj Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13746 of 2024 Arising Out of PS. Case No.-227 Year-2023 Thana- SAMASTIPUR District- Samastipur ====================================================== Neeraj Chaudhary @ Neeraj Kumar Chaudhary son of Madan Chaudhary @ Madan Mohan Chaudhary Resident of Village- Srinath Paran, P.S. Chakmehsi, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Monalika Monalika For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Samastipur Town P.S. Case no. 227 of 2023 instituted for the offence under Sections 324, 326, 307, 120B and 34 of the Indian Penal Code and Sections 25(1-b)a, 26, 27 and 35 of the Arms Act. As per prosecution case, while the deputed constables were bringing the accused persons of different cases for production in the Court, in the meantime, some miscreants started firing which hit two of the accused persons due to which they sustained injuries.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no

Patna High Court CR. MISC. No.13746 of 2024(3) dt.02-05-2024 2/2 offence. He was not apprehended on spot and his name came into light in this case on the basis of confessional statement of coaccused, namely, Ram Babu Rai before the police which has got no evidentiary value in the eye of law and he has already been granted regular bail by this Court vide order dated 02.12.2023 in Cr. Misc. No. 75383 of 2023. Nothing incriminating article has been recovered from his conscious possession. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Samastipur Town P.S.

Case no. 227 of 2023, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Samastipur subject to the conditions as laid down under section 438(2) of the Cr.P.C.