Deshraj Chaudhary @ Deshraj Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35959 of 2023 Arising Out of PS. Case No.-364 Year-2019 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== DESHRAJ CHAUDHARY @ DESHRAJ KUMAR SINGH S/O SHANKAR CHAUDHARY @ SHANKAR SINGH R/O Village. Wazeerganj, PS. Sasaram (Muffasil), Dist. Rohtas ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashwani Kumar Tiwary For the Opposite Party/s :
Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-07-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323 and 307 of the Indian Penal Code and under Section 25(1-b)a/26/27 of the Arms Act pending in the learned court below.
3. The informant alleges that he received information that 40-50 people are creating ruckus in the village and are armed, accordingly, he reached at the place of occurrence and on inquiry came to know that named accused persons and 40-50 persons assaulted the villagers and fled away after firing, further pistol and cartridges were recovered from the place of
Patna High Court CR. MISC. No.35959 of 2023(2) dt.27-07-2023 2/3 occurrence.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that there is general and omnibus allegation against the petitioner. He submits that no person was injured in the present occurrence. He further submits that similarly situated other co-accused persons have already been granted bail by different benches of this Court vide order dated 22.11.2021 passed in Cr. Misc. No. 22614/2020 and vide order dated 13.12.2022 passed in Cr. Misc. No.42736/2022. He further submits that petitioner has got three criminal antecedents as stated in para-3 of the bail application.
5. Learned APP for the State opposes for prayer for bail.
6. Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Sasaram (M) P.S.
Patna High Court CR. MISC. No.35959 of 2023(2) dt.27-07-2023 3/3 Case No.364/2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) ajay/- U T