Laxman Chaudhary @ Lakshman Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16549 of 2022 Arising Out of PS. Case No.-34 Year-2021 Thana- CHOUTARWA District- West Champaran ====================================================== Laxman Chaudhary @ Lakshman Chaudhary S/O Late Dhurup Chaudhary R/o village- Sareyaman, P.S.- Baria, District- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Milind Kumar Mishra, Advocate For the Opposite Party/s :
Mr. Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 03-08-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Choutarwa (Bathwariya) P.S. Case No. 34 of 2021 registered for the offence under Sections 307, 504 and 34 of the Indian Penal Code and Sections 25(1-b)a, 26, 27 and 35 of the Arms Act. The accused/petitioner is named in the F.I.R. and is in custody since 25.02.2021.
2/4 The allegation against the petitioner is to fire upon the police personnel, while conducting a raid for recovery of kidnapped grandson of the informant, of Yogapatti (Nawalpur) P.S. Case No. 39 of 2021 Learned counsel appearing on behalf of the petitioner submitted that, as there is recovery of only two live cartridges from the possession of the petitioner without any fire arm, therefore, the allegation of firing against the petitioner is not convincing. It is also submitted that criminal antecedent of the petitioner prior to Yogapatti (Nawalpur) P.S. Case No. 39 of 2021 was clean. While concluding the argument, it is submitted that investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence.
Learned APP appearing on behalf of the State, while opposing the prayer of bail, fairly conceded that seizure list is suggesting only recovery of two live cartridges from the petitioner.
Considering the facts and circumstances as mentioned above, as allegation of firing against the police personnel, in absence of pistol, prima facie, not appearing convincing against this petitioner coupled with the fact that chargesheet has already
3/4 been submitted, let the petitioner, above named, is directed to be released on bail in connection with Choutarwa (Bathwariya) P.S. Case No. 34 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Bagaha, West Champaran/concerned Court, subject to the following conditions:
"(i) That accused/petitioner shall not involve in the similar nature of offence till the conclusion of trial, failing which the State shall be at liberty to move before the Trial Court itself for the cancellation of bail bond of the petitioner.
(ii) That accused/petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner, duly supported by the documents.
(iii) That one of the bailors shall be
4/4 Kisnawati Devi, who is the mother of the petitioner and deponent of the present bail petition."
(Chandra Shekhar Jha, J) Ankit/- U T