Ranjeet Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8912 of 2021 Arising Out of PS. Case No.-334 Year-2019 Thana- DALSINGHSARAI District- Samastipur ====================================================== Ranjeet Chaudhary, Son of Late Kamal Kant Choudhary, Resident of VillageNagargama, P.S.- Dalsinsarai, Dist-Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar No.1, Advocate For the Opposite Party/s :

Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 22-07-2021 The matter has been listed today for consideration through video conferencing.

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

The petitioner seeks bail in connection with Dalsingsarai P.S. Case No.334 of 2019 registered for the offence punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

The allegation is that three persons have come on a motorcycle and have shot at the victim. The victim had died. It is submitted by the petitioner's counsel that the allegation from the FIR and the material collected during investigation reveals that the petitioner was at best riding in between on the motorcycle. Firing is alleged by the person

Patna High Court CR. MISC. No.8912 of 2021(3) dt.22-07-2021 2/3 sitting at the last, namely, Rajnish Chaudhary. The instant petitioner's father had earlier been killed, for which the instant accused person had lodged FIR implicating the present prosecution parties and therefore his name has unnecessarily been dragged in this case. He further submitted that the petitioner is an accused in one more case, i.e, Dalsinsarai P.S. Case No.394 of 2017 in which he is on bail. In the instant case, he is in custody since 31.10.2020.

Learned APP for the State has opposed the prayer for bail.

Considering the rival submissions, this Court is inclined to allow the petitioner's prayer for bail. Accordingly, let the petitioner, above named, 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 learned Additional Chief Judicial Magistrate1, Dalsingsarai (Samastipur), in connection with Dalsingsarai P.S. Case No.334 of 2019, subject to the following conditions: (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the

Patna High Court CR. MISC. No.8912 of 2021(3) dt.22-07-2021 3/3 petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office. (Madhuresh Prasad, J) PNM U T