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Patna High CourtCR. MISC./50392/2021bail granted

Sushil Choudhary v. The State Of Bihar

2022-01-28Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50392 of 2021 Arising Out of PS. Case No.-40 Year-2021 Thana- BACHHWARA District- Begusarai ====================================================== SUSHIL CHOUDHARY Son of Late Ram Narayan choudhary Resident of Village - Fateha, Police Station - Bachhwara, District - Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramakant Sharma, Sr. advocate Mr. Bipin Kumar For the State :

Mr. Lakshmi Kant Sharma For the Informant : Mr. Sanjeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-01-2022 Heard learned senior counsel for the petitioner, the State and the informant.

The matter has been taken up through video conferencing.

Petitioner seeks regular bail in a case registered for the offence punishable under Section 302, 120B of the Indian Penal Code and u/s 27 of Arms Act.

As per the prosecution case, this petitioner is alleged to have fired on the leg of the deceased.

Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. It is submitted that petitioner is alleged to have fired on the leg of deceased which is non vital part of the body. It is further

Patna High Court CR. MISC. No.50392 of 2021(4) dt.28-01-2022 2/2 submitted that specific allegation of causing injury on vital part of the body of deceased is against co-accused, Prem Kumar Choudhary, who has already been granted bail by this court vide order dated 28.01.2022 passed in Cr. Misc. No. 49522/2021. Petitioner is in custody since 27.02.2021 and investigation in this case is complete.

Learned counsel appearing for the State and the informant vehemently opposed the prayer for bail. Considering the facts of the case and the period of custody of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Begusarai in connection with Bachhwara PS case No.40/2021. (Prabhat Kumar Singh, J) BKS/- U T