Kanhaiya Chaudhary @ Murari Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24549 of 2024 Arising Out of PS. Case No.-37 Year-2022 Thana- TRIVENIGANJ District- Supaul ====================================================== Kanhaiya Chaudhary @ Murari Chaudhary Son of Late Deo Narayan Choudhary R/o Latauna Ward No.-3, P.S.- Triveniganj, Dist.- Supaul, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shilpi Keshri For the Opposite Party/s :
Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-04-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 395, 397 of the Indian Penal Code and Section 27 of Arms Act.
3. As per prosecution case, it is alleged that the FIR named accused persons along with some unknown intercepted the informant and co-accused Amrendra Kumar and Chandan Kumar fired upon the informant due to which he sustained injury. Thereafter, the accused persons took away motorcycle, ATM card as well as PAN card of the
Patna High Court CR. MISC. No.24549 of 2024(2) dt.04-04-2024 2/3 informant.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in FIR. His name was transpired in this case on the basis of his self confessional statement in Raghopur P.S. Case No. 138 of 2022. No any specific overtact attributed against this petitioner. Specific allegation of firing has been made against FIR named accused Amrendra and Chandan. Petitioner has not been put on T.I.P. No any incriminating article has been recovered from his conscious possession. Moreover, the petitioner is languishing in judicial custody since 01.8.2022. Similarly situated co-accused, namely, Shankar Mandal has been granted bail vide order dated 11.01.2024, passed in Cr. Misc. No. 85889 of 2023 by this Court.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge
Patna High Court CR. MISC. No.24549 of 2024(2) dt.04-04-2024 3/3 him on bail. The above named petitioner is directed to be released on bail in connection with Triveniganj P.S. Case No. 37 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Judge I-cum-A.C.J.M., Supaul. (Sunil Kumar Panwar, J) Nirajkrs/- U T