Shankar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47047 of 2021 Arising Out of PS. Case No.-17 Year-2021 Thana- MOUZAHIDPUR District- Bhagalpur ====================================================== Shankar Choudhary S/O Late Jagdish Choudhary R/O Sakullachack, P.SBabarganj, District-Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madan Mohan For the Opposite Party/s :

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-11-2021 Heard both parties.

The petitioner seeks bail in Mojahidpur (Babarganj) P.S. Case No. 17 of 2021, registered for the offence punishable under Sections 147, 148, 149 and 302 of the Indian Penal Code and section 27 of the Arms Act.

As per the prosecution case, on the alleged date and time of occurrence, informant's son Pankaj Kumar Choudhary and Manish Kumar left for work and when they reached Mohdi Nagar Kalyani Gali near the house of Sanjay Poddar then all the FIR named accused persons having katta in their hands caught hold of him and co-accused Rahul Choudhary, Ajay Choudhary, Mithu Choudhary, Shubham Sonar, Bhushan Choudhary, Sukh Sagar made indiscriminate firing upon the son of informant Pankaj Kumar Choudhary, as a result of which he

Patna High Court CR. MISC. No.47047 of 2021(2) dt.18-11-2021 2/2 expired on the spot.

It is submitted on behalf of the petitioner that petitioner is not named in the FIR. During course of investigation, name of this petitioner has come in this case. Specific allegation of firing is against other co-accused persons. So far as petitioner is concerned, he caught hold of the deceased. Petitioner claims clean antecedent and he is in custody since 15.01.2021.

Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge III, Bhagalpur in connection with Mojahidpur (Babarganj) P.S. Case No. 17 of 2021.

(Prabhat Kumar Singh, J) vinita/- U T