Patna High CourtCR. MISC./24560/2023bail granted

Bibhuti Choudhary v. The State Of Bihar

2023-05-19Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24560 of 2023 Arising Out of PS. Case No.-340 Year-2022 Thana- BAKHARI District- Begusarai ====================================================== BIBHUTI CHOUDHARY S/O LATE UDAY CHOUDHARY @ LATE UDIT CHAUDHARY Resident of Village- Parihara, P.S.- Bakhri, DistrictBegusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandan Kumar Kashyap, Advocate For the Opposite Party/s :

Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 19-05-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Bakhri P.S. Case no.340 of 2022 registered under sections 307, 188 and 285 of the Indian Penal Code, section 25(9) of the Arms (Amendment) Act, 2019 and section 27 of the Arms Act.

3. As per the prosecution case, the allegation on the accused persons is of having resorted to celebratory firing in the orchestra programme organised on the occasion of Chhath Puja. It is stated that subsequently in the video footage, the accused persons including this petitioner was identified.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case due to his

Patna High Court CR. MISC. No.24560 of 2023(2) dt.19-05-2023 2/2 antecedents. He is in custody since 3.11.2022 and chargesheet has been submitted in the case. No person was injured in the alleged occurrence.

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner in the F.I.R., the petitioner having remained in custody for 6 months since 3.11.2022 and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Bakhri P.S. Case no.340 of 2022 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai. (Partha Sarthy, J) Saurabh/- U T