Dhakani Chaudhary @ Dhakaniya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21027 of 2017 Arising Out of PS.Case No. -39 Year- 2017 Thana -GAYA MUFFSIL District- GAYA ====================================================== Dhakani Chaudhary @ Dhakaniya, Son of Late Munshi Choudhary, resident of Village- Bhadaija, Police Station- Moffassil, District- Gaya. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s : Mr. Md. Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-05-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Moffassil P.S. Case No. 39 of 2017 registered under Sections 387, 307/34 of the Indian Penal Code and section 27 of the Arms Act. The accusation is that on 07.02.2017 three persons named in the F.I.R. along with some unknown came at Bhadaija Ghat of Falgu river where work of extracting the sand was done by the informant and removed the drivers of tractors and opened 20-25 rounds firing to create terror.

Learned counsel appearing on behalf of the petitioner submits that petitioner is not named in the F.I.R. During the investigation his name has surfaced as he is accused in five cases,

Patna High Court Cr.Misc. No.21027 of 2017 (2) dt.18-05-2017 2/2 as detailed in paragraph 3 of the petition but he is on bail in that cases while allegation has been made of open 20-25 rounds firing, but no one sustained injury and the petitioner is in custody since 25.02.2017.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released 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 the Chief Judicial Magistrate, Gaya in connection with Moffassil P.S. Case No. 39 of 2017, subject to the condition that out of two sureties, one surety must be the close relative of the petitioner.

(Rajendra Kumar Mishra, J) Mahesh/- U T