Dasrath Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10827 of 2015 Arising Out of PS.Case No. -285 Year- 2014 Thana -KARAHGAR District- SASARAM (ROHTAS) ====================================================== Dasrath Choudhary son of Chhtu Choudhary resident of village - Rampur Kuber Tola, P.S. - Krahgar, District - Rohtas (Sasaram) currently resident of Village - Dudhar Tola, P.S. - Nokha, District - Rohtas (Sasaram). .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sumeet Kumar Singh For the Opposite Party/s : Mr. Binod Kumar -Iii(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 26-08-2015 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner is accused in connection with Kargahar P.S. Case No. 285 of 2014 registered under Sections 307, 302, 120(B) of the I.P.C. and 25(1-B), 26 and 27 of the Arms Act. The accusation is that petitioner along with seven others reached at the door of the informant, Chhatu Choudhary, at 12 O'clock in the day on 05.10.2014, at that time, informant and his wife were cleaning the hand-pump. At the order of the petitioner, Rakesh Choudhary shot fired to the wife of the informant, Baskali Devi at her temporal region, who fell down and died on the spot, while Ojha Choudhary made fire at the informant but informant anyhow saved himself.

Patna High Court Cr.Misc. No.10827 of 2015 (5) dt.26-08-2015 2/2 Learned counsel appearing on behalf of the petitioner submits that there is specific allegation against the co-accused, Rakesh Choudhary, son of this petitioner, to shot fire at deceased Baskali Devi, wife of the informant. Petitioner, being father of Rakesh Choudhary, has falsely been implicated in this case. It is also submitted that petitioner, having no criminal antecedent, 19.12.2014.

Having considered the facts and circumstances of the case, let the above named 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 Judicial Magistrate, First Class, Rohtas (Sasaram) in connection with Kargahar P.S. Case No. 285 of 2014.

(Rajendra Kumar Mishra, J.) Shail/- U T