Surendra Chaudhari @ Surendra Choudhary @ Sulo v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11495 of 2019 Arising Out of PS. Case No.-20 Year-2018 Thana- GADHPURA District- Begusarai ====================================================== SURENDRA CHAUDHARI @ SURENDRA CHOUDHARY @ SULO Son of Jagdev Choudhary Resident of Village- Dharmpur, Malipur, P.S.- Gadhpura, District - Begusarai.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sandip Kumar Gautam, Advocate.

For the Opposite Party/s :

Dr. Rabindra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 26-02-2019 Counsel for the petitioner is permitted to delete paragraph-16 of the bail petition during course of the day. Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Garhpura P.S. Case No. 20 of 2018, instituted for the offence under Section(s) 341, 307, 506, 120B/34 of the Indian Penal Code, Section 27 of the Arms Act and Section 3⁄4 of Explosive Substance Act.

Counsel for the petitioner submits that mere suspicion has been raised against the petitioner in the written report. It is alleged in the written report that petitioner enquired from the informant about sending bus to his house. Thereafter, the petitioner went away from there. After 2-3 minutes of departure of the petitioner, 5-6 unknown persons came and started indiscriminate firing, on account of which, the informant sustained firearm injury

Patna High Court CR. MISC. No.11495 of 2019(2) dt.26-02-2019 2/2 in his right hand and Kanpatti. The informant alleged that he learnt that miscreants were six in number and they had come on Motorcycle. The informant alleged in the last portion of the written report that petitioner was instrumental in hatching conspiracy for the aforesaid occurrence.

It is mentioned in the order of learned Additional Sessions Judge that during course of investigation, co-accused Chandan Kumar was arrested by the Police and he in his confession disclosed the name of petitioner.

Petitioner is in custody since 29.9.2018.

Considering the aforesaid facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Begusarai, in connection with Garhpura P.S. Case No. 20 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T