Praveen Kumar @ Praveen Kumar Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20741 of 2023 Arising Out of PS. Case No.-806 Year-2022 Thana- ARA NAWADA District- Bhojpur ====================================================== PRAVEEN KUMAR @ PRAVEEN KUMAR CHAUDHARY Son of Dev Munni Chaudhary @ Harendra Kumar Chaudhary Resident of MohallaGodhana, P.S.-Udwant Nagar, District-Bhojpur ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Santosh Kumar For the Opposite Party/s :
Mr. Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 302, 201, 34 of the Indian Penal Code and Section 27 of the Arms Act. The informant alleges that he was informed by his cousin brother that the deceased was called by Praveen Chaudhary, Sunil Sah and one person residing at Jail Road from the house for drinking and under the influence of liquor, kill him.
Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.20741 of 2023(2) dt.26-06-2023 2/3 petitioner has been falsely implicated in the present case, it is next submitted that the informant is not an eye-witness to the occurrence and he alleges that the information was given to him by his cousin brother, it is next submitted that one of the accused, Sunil Sah, surrendered before the learned Trial Court and after a full-fledged trial, he was acquitted as none of the prosecution witness supported the case of the prosecution. It is thus submitted that no useful purpose would be served by sending the petitioner to jail.
Learned counsel for the petitioner submits that the petitioner will not abscond, rather, will cooperate in the investigation and will present himself as and when required by the Investigating Officer for eliciting the truth. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case
Patna High Court CR. MISC. No.20741 of 2023(2) dt.26-06-2023 3/3 is pending/successor court in connection with Ara Nawada P.S. Case No. 806 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
However, it is made clear, that in the event if the Investigating Officer of the case files an application before the learned Trial Court bringing to its notice that the petitioner despite giving assurance to this Court is not cooperating in the investigation or is not making himself available as and when called, the learned Trial Court shall pass orders in accordance with law and shall also have the liberty to cancel his bail bonds of the petitioner.
Let a copy of this order be sent to the concerned P.S. through the learned Trial Court.
(Satyavrat Verma, J) HarshPandey/- U T