Manoj Chowdhry v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17633 of 2023 Arising Out of PS. Case No.-4 Year-2022 Thana- SHRI NAGAR District- Madhepura ====================================================== Manoj Chowdhry, Son of Anmol Chaudhary, Resident of village - Sarhadgati Ward No.- 1, P.S.- Srinagar, District - Madhepura. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dinesh Prasad Verma, Advocate For the Opposite Party/s :
Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE A. M. BADAR ORAL ORDER 17-05-2023 The applicant/accused in Crime No.04 of 2022 registered with Srinagar Police Station for the offence punishable under Sections 341, 323, 324, 307 read with Section 34 of the Indian Penal Code as well as Section 27 of the Arms Act, by this application is seeking his release on bail after filing of the charge sheet.
2. Heard both sides.
3. The crime in question is registered on the basis of FIR lodged by Dharmbir Yadav. He averred that when he was proceeding back to his house on his motorcycle on 22.12.2021, applicant Manoj Chowdhry and co-accused Ashok Chowdhry accosted him on the way and initially Ashok Chowdhry fired a bullet which hit on his right hand. He then flee from the spot of the incident, however, Manoj Chowdhry fired another bullet
Patna High Court CR. MISC. No.17633 of 2023(2) dt.17-05-2023 2/3 which did not hit him.
4. Injured First Informant had suffered a lacerated wound which is reported to be simple in nature. It is reported that the injured is already discharged from the hospital. There is no possibility of the offence travelling to more serious one than the one punishable under Section 307 of the IPC. The investigation of the subject crime is over. Hence, further pretrial detention of the applicant is not warranted and, therefore, the following orders:- (i). The application is allowed.
(ii). The applicant/accused in Crime No.04 of 2022 registered with Srinagar Police Station for the offence punishable under Sections 341, 323, 324, 307 read with Section 34 of the Indian Penal Code as well as Section 27 of the Arms Act, be released on bail on executing P.R. Bond of Rs.10,000/- (Rupees Ten Thousand) and on furnishing two sureties each of the like amount to the satisfaction of the Trial Court with the following conditions :- (I) The applicant/accused should not extend any threat, promise of inducement to the persons acquainted with the facts of the accusation against him so as to dissuade him from disclosing such facts to the Court or to any police officer.
Patna High Court CR. MISC. No.17633 of 2023(2) dt.17-05-2023 3/3 (II) The applicant/accused should cooperate the Trial Court in expeditious disposal of the trial against him. (III) The applicant/accused should not repeat commission of similar offence in future and if he is found to be involved in commission of similar offence affecting human body is registered against the applicant, then the learned Trial Court shall be free to cancel bail bonds of the applicant and to take him in custody.
(IV) The applicant/accused should not tamper prosecution evidence in any manner.
(A. M. Badar, J) Saurabhkrsinha/ Aditi/- U T