Girija Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38099 of 2020 Arising Out of PS. Case No.-57 Year-2020 Thana- BHAGWANGANJ District- Patna ====================================================== GIRIJA CHAUDHARY SON OF LATE SANICHAR CHAUDHARY RESIDENT OF VILLAGE DEORIA, P.S BHAGWANGANJ DISTRICT PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Sinha, Adv.

For the Opposite Party/s :

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-02-2021 Heard Mr. Ajay Kumar Sinha, learned counsel for the petitioner and Mr. Nawal Kishore Prasad, Additional Public Prosecutor for the State.

2. Petitioner seeks regular bail in connection with Bhagwanganj PS Case No. 57/2020 registered for the offence punishable under Sections 147, 148, 149, 323, 341, 307, 504 of the IPC and Section 27 of the Arms Act.

3. The allegation, as per First Information Report, is that on the basis of exhortation of the petitioner, co-accused, Nawlesh Kumar fired upon Suryakant Kumar which hit him near his right thigh.

4. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case due to land dispute between the parties. Learned counsel next submits that both the parties are co-villagers having land dispute and the

Patna High Court CR. MISC. No.38099 of 2020(2) dt.08-02-2021 2/2 petitioner is alleged to be the order giver only. Learned counsel further submits that no overt-act has been alleged against the petitioner and petitioner is in custody since 24.06.2020 having no criminal antecedents.

5. Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that no overt-act has been alleged against the petitioner and petitioner is in custody since 24.06.2020 having no criminal antecedents and he is an order giver, I am inclined to grant regular bail to the petitioner.

6.

Accordingly, let the petitioner, GIRIJA CHAUDHARY, 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 learned Additional Sessions Judge, Masaurhi in connection with Sessions Trial No. 270/2020 arising out of Bhagwanganj PS Case No. 57/2020.

7. It is made clear that at the time of furnishing bail bonds, all the parties shall follow the guidelines of social distancing.

(Anil Kumar Sinha, J) perwez U T