Patna High CourtCR. MISC./45052/2021bail rejected

Laxman Choudhary @ Lakshman Mahto v. The State Of Bihar

2022-05-16Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32586 of 2021 Arising Out of PS. Case No.-390 Year-2020 Thana- GORAUL District- Vaishali ====================================================== SARVINDRA RAI @ SHRAVENDRA YADAV Son of Umesh Ray Resident of Village -Semra Urf Chak Srikanth, P.S.- Pear, Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 45052 of 2021 Arising Out of PS. Case No.-390 Year-2020 Thana- GORAUL District- Vaishali ====================================================== LAXMAN CHOUDHARY @ LAKSHMAN MAHTO S/o Satrughan Choudhary @ Satrughan Mahto R/o village- Maheshpur, P.S.- Pear, DistrictMuzaffarpur ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 32586 of 2021) For the Petitioner/s :

Mr.Raju Kumar For the Opposite Party/s :

Mr. Narendra Kumar Singh (In CRIMINAL MISCELLANEOUS No. 45052 of 2021) For the Petitioner/s :

Mr.Raju Kumar For the Opposite Party/s :

Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 16-05-2022 The learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the petitioners and learned APP for the State.

Patna High Court CR. MISC. No.32586 of 2021(5) dt.16-05-2022 2/3 The petitioners apprehend their arrest for the offences alleged under Sections 394 and 307 of the Indian Penal Code, registered in connection with Goraul (Kathara O.P.) P.S.Case No. 390 of 2020.

As per allegation, four miscreants on two motorcycles, after pointing out pistol, looted a bag containing Rs. 45,000/- cash, passport, driving licence, ATM card and mobile set from the possession of the informant. One of the miscreants also fired on him. The informant was treated at PHC Kathara, Hajipur Sadar Hospital and Adarsh Hospital, Hajipur. During the course of investigation, the police arrested co-accused Chandan Kumar, who confessed his guilt in his confessional statement. He has stated in his confessional statement that on fateful day, he along with his companions intercepted a motorcyclist and looted cash and mobile set etc. Chandan Kumar started using the looted mobile set after inserting the SIM of his brother Deepak Kumar. The police arrested the petitioner on the basis of location displayed by that mobile set. In his confessional statement, co-accused Chandan Kumar has stated that the petitioner Laxman Choudhary opened fire on the person of the informant. He has also named the petitioner Sarvindra Rai @ Shravendra Yadav.

Patna High Court CR. MISC. No.32586 of 2021(5) dt.16-05-2022 3/3 The investigation is still going on. I do not think it a fit case for anticipatory bail. The prayer for anticipatory bail on behalf of the petitioners of both the cases is hereby rejected. Office shall ensure that all defects are removed by the petitioners within the stipulated time as provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U T