Gurucharan Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19735 of 2024 Arising Out of PS. Case No.-155 Year-2023 Thana- RAMGARH District- Kaimur (Bhabua) ====================================================== Gurucharan Chaudhary Son of Lalkushun Chaudhary Resident of VillageAkodhi, P.S.- Ramgadh, District- Kaimur (Bhabhua) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vishwajeet Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-04-2024 Heard learned counsel for the petitioner and Mr, Choubey Jawahar learned APP for the State and perused the case diary. 2.

The petitioner seeks bail in connection with Ramgarh P.S. Case No. 155 of 2023 instituted for the offence under Sections 307 & 34 of the Indian Penal Code and Section 27 of the Arms Act.

3.

Prosecution case in short is that petitioner along with other co-accused persons on the pretext of taking money called the informant and on the way, all the accused persons sat in his car and one of the co-accused fired on the neck of the informant due to which he sustained injury.

Patna High Court CR. MISC. No.19735 of 2024(3) dt.30-04-2024 2/3 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 03-09-2023. Petitioner bears five criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case due to dirty village politics because he is contesting in the election. Referring to the injury report, it is submitted that injury is caused by sharp cutting weapon, which falsify the allegation of fire arm injury. There is general and omnibus allegation against the petitioner. No specific allegation is attributed to the petitioner. It is lastly submitted that charge sheet has been submitted in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties

Patna High Court CR. MISC. No.19735 of 2024(3) dt.30-04-2024 3/3 of the like amount each to the satisfaction of Court below/concerned Court in connection with Ramgarh P.S. Case No. 155 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T