Ravi Raj @ Chhotu Kumar @ Raviraj Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48843 of 2024 Arising Out of PS. Case No.-854 Year-2023 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Ravi Raj @ Chhotu Kumar @ Raviraj Chaudhary S/O Shailendra Chaudhary @ Shailendra Kumar Chaudhary R/O Village- Marahiya, P.S- Chapra Muffassil, Distt.- Saran At Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dewendra Narayan Singh For the Opposite Party/s :

Mr. Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3.

12-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offence under Section 307, 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, on the alleged date and time of occurrence, while the informant was sleeping in his verandah, three persons armed with pistol came there and fired upon him, as a result of which, informant sustained three firearm injuries on his back and one fire-arm injury on his left shoulder and thereafter, informant saw co-accused Akash Chaudhary running with pistol, whereas this petitioner and coaccused Om Prakash Choudhary were also seen with him.

Patna High Court CR. MISC. No.48843 of 2024(3) dt.12-09-2024 2/3

4. Learned counsel for the petitioner submits that it is specific case of the informant that he saw co-accused Akash Chaudhary running with pistol at the place of occurrence. So far as this petitioner is concerned, he is only alleged to be seen with co-accused Akash Chaudhary. Though, it is alleged that all the accused persons fired at the informant, but as per injury report, informant has sustained only one fire-arm injury. Petitioner claims clean antecedent.

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail.

6. Considering the fact that there is no specific accusation of firing against this petitioner and as per injury report, only one fire-arm injury has been found on the body of informant coupled with the fact that petitioner has got clean antecedent, the prayer for anticipatory bail of petitioner is allowed.

7. Accordingly, in the event of arrest/surrender before the Court below within a period of eight weeks from today, let the above named petitioner 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 learned Chief Judicial Magistrate, Saran at Chapra in connection with Chapra Muffasil

Patna High Court CR. MISC. No.48843 of 2024(3) dt.12-09-2024 3/3 P.S. Case No. 854 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay U T