Ravindra Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34005 of 2024 Arising Out of PS. Case No.-518 Year-2021 Thana- BAGHA District- West Champaran ====================================================== Ravindra Chaudhary Son of Late Nathu Choudhari R/O Village-Harpurwa, PS-Yogapatti, District-West Champaran ... ... Petitioner/s
Versus
The State of Bihar, Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Prasad Singh, Adv.
For the Opposite Party/s :
Mrs. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-06-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Bagaha P.S. Case No. 518 of 2021 dated 05.10.2021 registered for the offence/s punishable 395, 307, 326, 400 of the Indian Penal Code and 27 of the Arms Act.
3. As per the prosecution case, four unknown miscreants boarded on two motorcycles stopped the vehicle of the informant. When the informant refused to open the door of the vehicle, one miscreant fired on them which hit below the elbow of the right hand of the informant's brother. The miscreants then robbed their bag with Rs. 6,26,000/- cash, their
Patna High Court CR. MISC. No.34005 of 2024(2) dt.27-06-2024 2/3 laptop and mobile phones.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is not named in the FIR and the name of the petitioner has sprung up in the confessional statement of the co-accused Rajan Choudhary. No T.I.P. has been conducted by the prosecution. Charge-sheet has already been submitted against the petitioner and there is no chance of tampering with the evidence of the case. Similarly situated co-accused has already been granted bail by this court vide order dated 09.11.2022 passed in Cr. Misc. No. 26219 of 2022. The petitioner has eight criminal antecedents and out of which he was acquitted in four criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 27.01.2022.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of
Patna High Court CR. MISC. No.34005 of 2024(2) dt.27-06-2024 3/3 the like amount each to the satisfaction of learned Court concerned, Bagaha, West Champaran in connection with Bagaha P.S. Case No. 518 of 2021, with a condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T