Rajan Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44923 of 2022 Arising Out of PS. Case No.-518 Year-2021 Thana- BAGHA District- West Champaran ====================================================== Sahjad Ansari @ Sajad Mian @ Sahjad Mian Son Of Naeem Miyan @ Naim Miyan Resident Of Village- Phulwaria, P.S.- Ramnagar, District- West Champaran ... ... Petitioner/S

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 44951 of 2022 Arising Out of PS. Case No.-518 Year-2021 Thana- BAGHA District- West Champaran ====================================================== Rajan Chaudhary Son Of Late Lalan Chaudhary R/O Village- Lagunaha Patilar, P.S.- Chautarwa, District- West Champaran ... ... Petitioner/S

Versus

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

(In CRIMINAL MISCELLANEOUS No. 44923 of 2022) For the Petitioner/s :

Mr. Akhauri Kamal Kishore Sahay For the Opposite Party/s :

Mr. Ramchandra Sahni (In CRIMINAL MISCELLANEOUS No. 44951 of 2022) For the Petitioner/s :

Mr. Akhauri Kamal Kishore Sahay For the Opposite Party/s :

Mr. Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-06-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek regular bail in connection with Bagaha P.S. Case No. 518 of 2021 registered for the offence under Sections 394, 395, 307, 326, 400 of the Indian Penal Code and Section 27 of the Arms Act.

As per prosecution case, four miscreants boarded on

Patna High Court CR. MISC. No.44923 of 2022(7) dt.22-06-2023 2/3 two motorcycles stopped the vehicle of the informant. When the informant refused to open the door of the vehicle, one of the miscreants fired upon them which hit below the elbow of right hand of the informant's brother. Thereafter, the miscreants robbed their bag with Rs. 6,26,000/- cash, their laptop and mobile phones.

Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. Both the petitioners are not named in the FIR rather they have falsely been implicated in this case. It is further submitted that the petitioner namely, Ranjan Chaudhary was arrested in another case and confessed his guilt in his confessional statement and also disclosed complicity of the petitioner namely, Sahjad Ansari in this alleged occurrence. Neither the petitioners were put on TI parade nor any stolen material has been recovered from their conscious possession. Moreover, similarly situated co-accused namely, Ashok Tiwari has already been granted bail by a co-ordinate Bench of this Court vide order dated 9.11.2022 passed in Cr. Misc. No. 26219 of 2022. The petitioners are languishing in judicial custody since 27.1.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Patna High Court CR. MISC. No.44923 of 2022(7) dt.22-06-2023 3/3 Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Bagaha P.S. Case No. 518 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate 1st Bagaha, West Champaran. (Sunil Kumar Panwar, J) Amandeep/- U T