Ashok Chaudhary @ Ashok Kumar Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36580 of 2022 Arising Out of PS. Case No.-4 Year-2022 Thana- SHRI NAGAR District- Madhepura ====================================================== 1.
ASHOK CHAUDHARY @ ASHOK KUMAR CHAUDHARY SON OF DEONANDAN CHAUDHARY RESIDENT OF VILLAGE- SARH DGATI, WARD NO.1, AT PRESENT BISHANPUR, P.S.- SRINAGAR, DISTRICT- MADHEPURA 2.
MANOJ CHAUDHARY SON OF ANMOL CHOUDHARY RESIDENT OF VILLAGE- SARHADGATI, WARD NO.-1, P.S.- SRINAGAR, DISTRICTMADHEPURA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kamal Kishore Singh For the Opposite Party/s :
Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-11-2022 Heard learned counsel for the petitioners and the State.
Petitioners apprehend arrest in a case registered for the offence punishable under Sections of the IPC. As per the prosecution case, while the informant was returning to his house by motorcycle, these petitioners are alleged to have made firing on him as a result of which he sustained fire arms injury.
Learned counsel appearing for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case as parties have land dispute. There is
Patna High Court CR. MISC. No.36580 of 2022(2) dt.07-11-2022 2/2 delay of ten days in lodging of the FIR and there is no explanation for the delay which creates doubt over the prosecution case. Injuries sustained by the informant have been found to be simple in nature. Petitioners have got no criminal antecedent.
Learned counsel appearing for the State opposes the prayer for bail. He submits that there is direct and specific allegation that the petitioners made firing on the informant as a result of which he sustained fire arms injury. Considering the aforesaid facts of the case, prayer for bail of the petitioners is refused with direction to the petitioners to surrender and seek regular bail, which would be disposed of on its own merit without being prejudiced by this order. (Prabhat Kumar Singh, J) asmit/- U T