Lagan Chaudhary @ Suraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49369 of 2024 Arising Out of PS. Case No.-219 Year-2023 Thana- CHANDRADIP District- Jamui ====================================================== Lagan Chaudhary @ Suraj Kumar Son of Indradev Chaudhary Resident of Village - Manpur, P.S.- Chandradeep, District - Jamui. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mayank Raj, Advocate For the Opposite Party/s :
Mr. Pranav Kumar, APP Mr. Umesh Prasad Mr. Mritunjay Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 25-09-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Chandradeep PS Case No. 219 of 2023 dated 02-11-2023, instituted for the offence punishable under Sections 302, 120-B/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per allegation in the FIR, the informant, who is father of the deceased, has alleged that Dr. Birendra Mahto had threatened his son, namely, Nakul Yadav not to give his treatment to his customer of Manpur Mushari Tola otherwise you will have to face the consequences and yesterday, on
2/4 01-11-2023 the informant raised suspicion that his son might have been killed by FIR named accused persons and some unknown persons under conspiracy.
4. This Court vide order dated 24-07-2024 called for a report regarding the present stage of trial, case diary and criminal antecedents of the petitioner from the learned Court below, which has been received from the Court of Additional District and Sessions Judge-V, Jamui. From, the report of the Trial Court dated 03-08-2024, it would appear that till date altogether two prosecution witnesses have been examined and next date fixed for prosecution evidence is 05-08-2024.
5. Learned counsel for the petitioner submits that three witnesses have been examined on behalf of the prosecution. Referring to the deposition of PW-2, who is the eye witness of the occurrence, it is submitted that during trial, this witness has stated that Bama Yadav (Bam Yadav) @ Mithilesh had fired at the deceased. There is no whisper against the petitioner. The petitioner is in custody since 03.11.2023 having no criminal antecedents.
6. Learned counsel for the informant and learned APP have vehemently opposed the prayer for bail. Learned counsel for the informant submits that petitioner is one of the
3/4 conspirators, on whose instigation, the main assailant, namely, Bama Yadav (Bam Yadav) @ Mithilesh fired at the chest of the deceased.
7. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-I, Jamui, in Chandradeep PS Case No.
4/4 for cancellation of bail.
(Khatim Reza, J) shyambihari/- U T