Sonu Choudhary @ Sonu Kumar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46235 of 2022 Arising Out of PS. Case No.-100 Year-2021 Thana- MAHISHI District- Saharsa ====================================================== Sonu Choudhary @ Sonu Kumar Choudhary Son Of Uday Choudhary @ Udaykant Choudhary Resident Of Village - Lakhni, P.S.- Mahishi, District - Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar, Advocate For the Opposite Party/s :

Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 08-12-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks regular bail in connection with Mahishi P.S. Case No.100 of 2021 registered for the offences punishable under Sections 302, 120(B) and 34 of the Indian Penal Code and Sections 25(1-B)a, 26, 35 and 27 of the Arms Act.

As per the prosecution, the informant's nephew namely, Randhir Yadav was shot dead and this petitioner is alleged to be involved in the said crime of murder.

Patna High Court CR. MISC. No.46235 of 2022(2) dt.08-12-2022 2/3 The main submissions advanced by the learned counsel Mr. Ashok Kumar appearing for the petitioner are that the petitioner is not alleged to be an assailant and he is simply stated to be the member of mob and co-accused Gaurav Kumar was alleged to have opened fire at the deceased and some similarly situated co-accused persons namely Pappu Yadav and Ankit Choudhary have been granted bail by different Benches of this Court vide orders passed in Cr. Misc. Nos. 64735 of 2021 and 16884 of 2022 respectively and the petitioner has been languishing in jail since 18.06.2021 having clean antecedent. Learned APP Mr. Ram Bilash Roy Raman appearing for the State has opposed the bail prayer.

Heard both the sides and perused the FIR. The petitioner is stated to be a member of accused persons and the main allegation of firing is against co-accused Gaurav Kumar and petitioner was alleged to have abused the deceased and some similarly situated co-accused persons have been granted bail by different Benches of this Court vide orders passed in above-mentioned Cr. Misc cases. Considering these facts as well as above submissions and petitioner's clean antecedent and also the nature of the allegation appearing against the petitioner from the FIR, in the opinion of this Court a lenient approach can be

Patna High Court CR. MISC. No.46235 of 2022(2) dt.08-12-2022 3/3 taken in respect of the petitioner's prayer, let the petitioner 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 the concerned Court in connection with Mahishi P.S. Case No.100 of 2021.

(Shailendra Singh, J.) sangam/- U T