Madan Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44703 of 2021 Arising Out of PS. Case No.-338 Year-2019 Thana- MUNGER MUFFASIL District- Munger ====================================================== Madan Choudhary Son of Naresh Choudhary Resident of Village - Tirasi, Pir Pahar, P.s.- Muffasil, Distt.- Munger.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jyoti Ranjan Jha, Advocate For the State :

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 23-11-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Mufassil P.S. Case No. 338 of 2019 registered for the offence under Sections 341, 307, 447, 504, 506 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

The accused/petitioner is named in the F.I.R. and is in custody since 01.07.2020.

The allegation against the petitioner is cause fire arm injury to the informant/injured, alongwith other co-accused

Patna High Court CR. MISC. No.44703 of 2021(10) dt.23-11-2022 2/3 persons, having intention to cause death of the informant, due to previous enmity.

Learned counsel appearing on behalf of the petitioner submitted that petitioner has been falsely implicated in the present case due to admitted neighbourhood dispute and differences. It is further submitted that the allegation of firing is single, as it is evident from the injury report and same is also on non-vital part of the body, which negate the intention to cause death, as firing was not repeated, without having any intervening circumstances. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and, moreover, investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP appearing on behalf of the State opposes the prayer of bail.

In view of the facts and circumstances, as mentioned above, and by taking note of nature of accusation, where petitioner is in custody since 01.07.2020 coupled with the fact that chargesheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Mufassil P.S. Case No. 338 of 2019 on furnishing bail bond of

Patna High Court CR. MISC. No.44703 of 2021(10) dt.23-11-2022 3/3 Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger/concerned Court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) Ankit/- U T