Dilip Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4478 of 2021 Arising Out of PS. Case No.-23 Year-2020 Thana- NATIONAL HIGHWAY DistrictSamastipur ====================================================== DILIP CHAUDHARY SON OF LATE RAJENDRA CHAUDHARY RESIDENT OF VILLAGE-RAHIMABAD, P.S.-N.H. BANGRA, DISTRICT-SAMASTIPUR.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 28-06-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through video conferencing.

The petitioner has filed the instant application for grant of regular bail in connection with N.H. Bangra P.S. Case no. 23 of 2020 registered under sections 302 and 120B of the Indian Penal Code and section 27 of the Arms Act. As per allegation in the FIR, it is stated by the informant that the accused Md. Ijaz and Jaynath Rai took away her husband. Thereafter she received information that the seven named accused persons including the petitioner herein as also the aforesaid Md. Ijaz shot her husband in furtherance of a conspiracy. It later transpired that Pramod Rai, Jaynath Rai, Md. Ijaz and Dilip Chaudhary had caught hold of her husband while

Patna High Court CR. MISC. No.4478 of 2021(3) dt.28-06-2021 2/2 Md. Azmi shot him.

It is submitted by learned counsel for the petitioner that the allegations as levelled against the petitioner in the FIR are false and concocted. Admittedly the informant is not an eyewitness to the occurrence. The petitioner is in custody since 27.8.2020 and co-accused Md. Azmi has been enlarged on bail vide order dated 27.5.2021 passed in Cr. Misc. no. 3842/2021. The application for bail is opposed by learned Additional Public Prosecutor for the State.

Having heard learned counsel for the parties and taking into consideration the general and omnibus allegations against the petitioner, grant of bail to co-accused Md. Azmi and the petitioner being in custody for 10 months, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with N.H. Bangra P.S. Case no. 23 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Samastipur. (Partha Sarthy, J) Spd/- U T