Arvind Choudhary @ Arvind Kumar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53166 of 2016 Arising Out of PS.Case No. -33 Year- 2016 Thana -PATLIPUTRA District- PATNA ====================================================== Arvind Choudhary @ Arvind Kumar Choudhary son of Late Ganga Choudhary resident of village + P.O.- Supaul, Ward No. 8, Police Station and District - Supaul.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s : Mr. Sri Sanjay Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 15-12-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The petitioner apprehends his arrest in connection with Patliputra P.S. Case No.33 of 2016 registered under Sections 307, 341, 34 of the I.P.C. and Section 27 of the Arms Act. The accusation is that while on 23.10.2016 at 9.00 P.M. the informant Amod Kumar along with his friend Guddu Kumar was coming to his house on his scooty then two bikers stopped him. In the meantime third biker fired at him which pellet passed back touching his neck causing injury of an abrasion. The informant identified two persons as Mukesh Akela @ Pinku Jha and another Vignesh who were pillion riders of third biker. Further accusation is that Mukesh Akela along with his father-in-law and

Patna High Court Cr.Misc. No.53166 of 2016 (2) dt.15-12-2016 2/2 Vignesh hatched conspiracy to kill him on account of some dispute regarding business between Arvind Choudhary and the brother of the informant.

Learned counsel for the petitioner submits that the petitioner has been named in the F.I.R. merely for doing conspiracy against the informant. Moreover, the informant received wound lacerated in nature with mild blackening on the skin and the opinion of injury is kept reserved. He further submits that , in fact, due to business rivalry co-accused Mukesh Akela @ Pinku Jha filed an informatory petition (Annexure-3) on 21.11.2015 against the informant of the present case about giving threatening of killing and implicating in false case. Having considered the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Smt. Divya Mita, J.M. 1st Class, Patna, in Patliputra P.S. Case No.33 of 2016 subject to the conditions as laid down under Section 438(2) of Cr.P.C.

(Rajendra Kumar Mishra, J) AnilKrSinha/- U T