Guru Charan Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32358 of 2025 Arising Out of PS. Case No.-208 Year-2023 Thana- RAMGARH District- Kaimur (Bhabua) ====================================================== Guru Charan Chaudhary S/O Lal Kishun Chaudhary R/O Vill.- Akhodhi, P.s.- Ramgarh, Dist.- Kaimur.
... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mukul Kumari For the Opposite Party/s :
Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-07-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Sessions Trial No. 103 of 2024 arising out of Ramgarh P.S. Case No. 208 of 2023 dated 18.06.2023 registered for the offences punishable u/s 307 read with Section 34 of the Indian Penal Code and Section 27 of the Arms Act. Later on, Section 307 is converted into Section 302.
3. As per the prosecution case, when the informant was on his way to home on his motorcycle then the petitioner and two unknown miscreants riding a motorcycle overtook him. The petitioner fired two rounds which hit the informant and thereafter in course of treatment, the informant succumbed to his injuries.
4. Learned counsel for the petitioner has submitted that
Patna High Court CR. MISC. No.32358 of 2025(2) dt.23-07-2025 2/3 the petitioner is innocent and has falsely been implicated in this case. Learned counsel has further submitted that the petitioner is contesting for Mukhiya Election and due to political rivalry, the petitioner has been implicated in the present case. The petitioner is a H.I.V. positive patient and his treatment is going on since 2018 when it was detected. The charge-sheet has been submitted against the petitioner. The petitioner has no concern with the alleged offence. The petitioner has seven criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 31.08.2023.
5. Learned A.P.P. for the State has opposed the bail petition of the petitioner and submitted that it is a serious case of murder by causing gun shot injury to the informant in broad day light and the petitioner is named with specific allegation of causing firearm injury leading death of the informant. The deceased in his statement in para 6, 7 and 8 of the case diary, the deceased disclosed the name of the petitioner as the person who caused gun shot injury to him while the post-mortem report reveals that three gun shot injuries, two wounds of entry and one wound of exit have been found and one bullet has been recovered from the body of the deceased as opined by the doctor, the death of the deceased is the result of haemorrhagic shock due to firearm injury. Earlier the regular bail of the petitioner has been rejected by
Patna High Court CR. MISC. No.32358 of 2025(2) dt.23-07-2025 3/3 this court vide order dated 30.07.2024 passed in Cr. Misc. No. 16975/2024.
6. Considering the aforesaid facts and circumstances of the case as well as the specific and heinous nature of allegation against the petitioner, I am not inclined to enlarge the petitioner above-named on bail.
7. The application stands rejected and learned court below is directed to conclude the trial of the petitioner at the earliest.
(Chandra Prakash Singh, J) atul/- U T