Biklesh Chaudhary @ Mithilesh Chaudhary @ Khokha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51610 of 2023 Arising Out of PS. Case No.-147 Year-2022 Thana- SANJHOLI District- Rohtas ====================================================== Biklesh Chaudhary @ Mithilesh Chaudhary @ Khokha Son Of Bablu Chaudhary @ Bengali Chaudhary @ Bangali Pasi R/O-Berkap, P.S.- DARIHAT, Distt.-ROHTAS ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 307, 34 of the Indian Penal Code and Section 27 of the Arms Act. As per prosecution case, the allegation against unknown miscreants is that they boarded on a motorcycle came and fired upon the informant with intention to kill him due to which he sustained injury.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of confessional statement of co-accused, namely, Bhola Yadav in

Patna High Court CR. MISC. No.51610 of 2023(2) dt.25-08-2023 2/2 which he has stated that he fired upon the informant and prior to the alleged occurrence the petitioner is alleged to liner in this occurrence. The petitioner is not named in the FIR and no specific allegation of shot firing levelled against the petitioner. It is further submitted that except confession of co-accused no consistent material has come out against him. Moreover, he is languishing in judicial custody since 04.01.2023. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sanjhauli P.S. Case No. 147 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-III, Bikramganj, District Rohtas.

(Sunil Kumar Panwar, J) Manishkumar/- U T