Patna High CourtCR. MISC./36874/2016bail granted

Dhanjee Chaudhary v. The State Of Bihar

2016-10-25Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36874 of 2016 Arising Out of PS.Case No. -115 Year- 2016 Thana -KARGAHAR District- SASARAM (ROHTAS) ====================================================== Dhanjee Chaudhary S/o Satya Narayan Chaudhary resident of VillageBarhari, P.S. Kargahar ( Barhari), District Rohtas, Sasaram .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Manoj Kumar Singh For the Opposite Party/s : Smt. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 25-10-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Section 307 and other minor sections of the Indian Penal Code and Sections 25(1-b)A, 26, 27, 35 of the Arms Act.

The statement of injured has been recorded at para30 of the case diary in which he named four persons who are said to have opened fire on him but he admitted that it was co-accused, Binod Choudhary, whose firing hit him.

Submission on behalf of the petitioner is that petitioner has falsely been implicated in this case because earlier the family members of the petitioner had made complaints against

Patna High Court Cr.Misc. No.36874 of 2016 (3) dt.25-10-2016 2/2 injured as well as informant and on the basis of aforesaid complaints, some criminal cases had been lodged against them. Considering the aforesaid facts and circumstances as well as submissions of the parties and also taking note of this fact that having more or less similar allegation, some co-accused have already been granted privilege of bail whereas petitioner is in jail custody since 04.07.2016 without having any criminal antecedent, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-II, Sasaram, Rohtas in connection with Kargahar (Barhari) P.S. Case No. 115 of 2016.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T