Patna High CourtCR. MISC./30939/2021bail rejected

Santosh Choudhary v. The State Of Bihar

2022-04-22Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30939 of 2021 Arising Out of PS. Case No.-67 Year-2011 Thana- SRINAGAR District- West Champaran ====================================================== 1.

Santosh Chaudhary, male, aged about 38 years. 2.

Oshier Chaudhary, male, aged about 35 years.

Both are sons of Late Ganesh Chaudhary, R/o Mohalla-Patarakha P.S.- Manuapul, District-West Champaran, Bettiah.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Bharti, Adv.

For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 22-04-2022 Heard the learned counsel for the parties.

The petitioners seek bail in anticipation of their arrest in connection with Srinagar (Pujaha) P.S. Case No. 67 of 2011, dated 28.12.2011, instituted for the offences under Sections 302/34 of the Indian Penal Code.

Though the accusation of firing is on co-accused persons, namely, Amar Yadav and Rajnandan Yadav, but the

Patna High Court CR. MISC. No.30939 of 2021(40) dt.22-04-2022 2/2 petitioners have also been named as having participated in the occurrence.

It has been submitted on behalf of the petitioners that they have been falsely implicated in this case because of their being in political life.

However, considering the nature of accusation, the background facts as also the criminal antecedents of the petitioners, I am not inclined to grant them anticipatory bail. The prayer for grant of anticipatory bail to the petitioners is, accordingly, rejected.

However, if they surrender before the Court below and seek bail, the Court below shall consider the case on its own merits, without being prejudiced by the fact that the present anticipatory bail application on behalf of the petitioners has not been entertained by this Court. The application stands dismissed.

(Ashutosh Kumar, J) Praveen-II/- U T