Rahul Kumar Chaubey @ Rahul Chaubey @ Raja v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35055 of 2019 Arising Out of PS. Case No.-67 Year-2019 Thana- BIHIA District- Bhojpur ====================================================== RAHUL KUMAR CHAUBEY @ RAHUL CHAUBEY @ RAJA Shri Rameshwar Chaubey Resident of Village- Mahuli, P.S.- Gajrajganj, DistrictBhojpur. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Harsh Singh For the Opposite Party/s :
Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-09-2019 Heard learned counsel for the parties.
Petitioner is apprehending his arrest in connection with Bihiya P.S.Case No.67 of 2019 , registered for offences punishable under Sections 302 of the Indian Penal Code and Section 27 of the Arms Act.
Prosecution case is that during 'Barat', some firing took place causing injury to the brother of the informant and later on he died. It is also alleged that later one some persons informed that it is the petitioner who had fired. Submission of the learned counsel for the petitioner is that firstly no case is made out in view of the above circumstances under Section 302 of the IPC as firing was going
Patna High Court CR. MISC. No.35055 of 2019(4) dt.16-09-2019 2/2 on during 'TBarat' and secondly none of the witnesses have supported the case and only it appears that some persons informed that it is the petitioner who has fired. Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the learned court below, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Bhojpur, Ara in connection with Bihiya P.S.Case No.67 of 2019, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
With the above direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U