Arun Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56596 of 2017 Arising Out of PS.Case No. -80 Year- 2017 Thana -CHANDI District- BHOJPUR ====================================================== Arun Kumar Chaudhary S/o Sri Ramjee Chaudhary, R/o Farhangpur, P.S.- Chandi, District- Bhojpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Sri Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 30-11-2017 Heard the counsels for the parties.

The petitioner seeks bail in connection with Chandi P.S. Case No. 80 of 2017 dated 03.08.2017 instituted for the offences under Sections 395 and 397 of the Indian Penal Code and Section 27 of the Arms Act.

From the FIR, it appears that on 03.08.2017, two persons viz. Indal Kumar Yadav and Mukesh Rai looted Rs. 26,000/- from one Om Prakash who was managing the Petrol Pump. While the aforesaid Om Prakash was trying to grapple with the named accused persons, the petitioner along with 5-6 other persons, variously armed with lethal weapons, arrived at the place of occurrence in a tempo. The petitioner is then said to have opened fire in order to scare away those who had congregated at that place. The aforesaid act of the petitioner and others was

Patna High Court Cr.Misc. No.56596 of 2017 (2) dt.30-11-2017 captured in the CCTV camera installed at the place of occurrence. Learned counsel for the petitioner has submitted that he has wrongly been named in the FIR; whereas the fact is that he was not present at the time of the occurrence. The petitioner has clean antecedents and is in custody since 28.08.2017.

In the facts and circumstances, the petitioner above named is directed to be released on bail on his furnishing bail bond in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Bhojpur in connection with Chandi P.S. Case No. 80 of 2017.

(Ashutosh Kumar, J) KKSINHA/- U T