Chandan Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56534 of 2018 Arising Out of PS. Case No.-260 Year-2017 Thana- PIPRA District- East Champaran ====================================================== Chandan Chaudhary, Son of Arun Chaudhary, Resident of Bishanpur Horil, P.S.- Baruraj, District- Muzaffarpur.

... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Krishna Kant Singh, Advocate For the Opposite Party/s :

Mr. Ram Sumiran Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 20-09-2018 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Pipra P.S. Case No. 260 of 2017, registered for the offence punishable under Sections 302, 120B/34 of the Indian Penal Code and under Section 27 of the Arms Act. As per the F.I.R. the informant has received a call that her husband has received injury by gun and one Ravi Singh, who had gone along with her husband has made a statement that the petitioner and others have fired by gun upon the husband of the informant that led to his death.

Learned counsel for the petitioner submits that the informant is not an eye-witness and she herself had doubted the statement of Ravi Singh. But, from a perusal of the order of the

Patna High Court Cr.Misc. No.56534 of 2018(2) dt.20-09-2018 2/2 Court below, it appears that Rajesh Chaudhary has confessed his guilt and has also taken the name of Munna Sah and present petitioner involved in the alleged crime.

Looking to the nature of allegation, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for bail is rejected. However, if the petitioner surrenders before the Court below within four weeks from today and prays for regular bail, the Court below will consider the same and pass appropriate order considering every aspects of the matter and without being influenced by the order of this Court. (Shivaji Pandey, J) pawan/- U T