Raj Kumar Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33108 of 2020 Arising Out of PS. Case No.-57 Year-2020 Thana- BHAGWANGANJ District- Patna ====================================================== Raj Kumar Chaudhary Son of Rampati Chaudhary Resident of VillageDeoria, P.S.- Bhagwanganj, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Sinha For the Opposite Party/s :
Mr.Ram Sumiran Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 14-12-2020 Heard learned counsel for the parties.
This application for regular bail arises out of Bhagwanganj P.S. Case No. 57 of 2020, disclosing offence punishable under Section 307 and other allied Sections of the Indian Penal Code and Section 27 of the Arms Act. It is alleged in the FIR that at the petitioner's instigation co-accused Lal Mohan Chaudhary opened fire at the informant, which he luckily escaped. Co-accused Nawalesh Kumar is also said to have opened fire causing injuries in his right thigh.
It has been argued that there is no allegation of assault against the petitioner, who is said to have instigated others to open fire. Petitioner is in custody since 07.06.2020.
Patna High Court CR. MISC. No.33108 of 2020(2) dt.14-12-2020 2/2 Considering the nature of accusation against this petitioner as noted above, in my opinion, a case for grant of regular bail is made out. This application is accordingly allowed.
Let the petitioner, above-named, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand), with two sureties of the like amount, each to the satisfaction of learned A.D.J., Masaurhi, Patna, in Sessions Trial No. 270 of 2020, arising out of Bhagwanganj P.S. Case No. 57 of 2020. It is directed that defects in the application pointed out by the Registry must be removed within two months from today. (Chakradhari Sharan Singh, J) Rajesh/- U T