Raman Kumar Chaudhary @ Mukhiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26573 of 2024 Arising Out of PS. Case No.-594 Year-2023 Thana- BAHADURPUR District- Darbhanga ====================================================== 1.
Raman Kumar Chaudhary @ Mukhiya S/O Mohan Chaudhary R/O VillageOjhoul Tole Shahpur, P.S- Bhadurpur, Distt.- Darbhanga. 2.
Ratan Kumar Chaudhary @ Bittu Choudhary S/O Mohan Chaudhary R/O Village- Ojhoul Tole Shahpur, P.S- Bhadurpur, Distt.- Darbhanga. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Suraj Narain Yadav For the Opposite Party/s :
Mr. Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-05-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 379, 307/34 of the Indian Penal Code and 27 of the Arms Act.
3. Allegation against the petitioner is that they along with other co-accused persons surrounded the informant and tried to commit loot-pat. Petitioner no. 2 handed over gun to the petitioner no. 1 and petitioner no. 1 fired gun shot on the informant.
Thereafter, other co-accused persons snatched Rs.5,000/- from the informant.
4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not
Patna High Court CR. MISC. No.26573 of 2024(2) dt.01-05-2024 2/2 specific rather general and omnibus in nature. He submits that the occurrence took place on 19.11.2023 but the F.I.R. was lodged on 14.12.2023, after delay of about 25 days and there is no explanation regarding the delay, which creates serious doubt on the prosecution case. Petitioners have one criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposes prayer for anticipatory bail.
6. Having regard to the facts and circumstances of the case as well as the fact that there is delay in lodging the F.I.R., let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Bahadurpur P.S. Case No.594 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) anand/- U T