Phutoosh Choudhary @ Ravi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23363 of 2023 Arising Out of PS. Case No.-164 Year-2021 Thana- SULTANGANJ District- Bhagalpur ====================================================== PHUTOOSH CHOUDHARY @ RAVI KUMAR son of Late Kishori Choudhary Villae- Thana Road Sultanganj Ps- Sultanganj Dist- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case instituted for the offence under Sections 302, 120(B) of the Indian Penal Code and Section 27 of the Arms Act.

It is a case of commission of murder to the informant's brother by the petitioner and other accused persons by causing fire arm injury. In the background of the alleged occurrence, there was previous long standing business rivalry. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Petitioner is not the named accused. Informant is not the eye witness of the occurrences and just on the basis of mere suspicion, name of the petitioner sprang up in this case. Save

Patna High Court CR. MISC. No.23363 of 2023(3) dt.04-07-2023 2/2 and except, self statement of the petitioner, nothing has come against the petitioner to show his complicity in the present case. Similarly situated other accused person has already been enlarged on bail by another coordinate Bench of this Court vide order dated 16.09.2022 passed in Cr. Misc. No. 34986 of 2022. Petitioner is languishing in judicial custody since 01.06.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge VIII, Bhagalpur in connection with Sultanganj P.S. Case No. 164 of 2021.

(Sunil Kumar Panwar, J) sushma/- U