Hidesh Chouhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53007 of 2022 Arising Out of PS. Case No.-238 Year-2022 Thana- NAUBATPUR District- Patna ====================================================== HIDESH CHOUHAN Son of Jogendra Chouhan @ Yogendra Prasad Resident of Village - Charra, P.S.- Naubatpur, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Niwas Prasad, Advocate For the Opposite Party/s :

Mrs. Dr. Indiwar Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-10-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 307 and 504/34 of the Indian Penal Code and Section 27 of the Arms Act. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent. The informant alleges that the accused persons including the petitioner came variously armed and started abusing him and all of a sudden, petitioner fired at him but the informant managed to save himself and the cartridges hit on the wall. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case and from

Patna High Court CR. MISC. No.53007 of 2022(2) dt.18-10-2022 2/2 perusal of the allegation as alleged in the FIR, it would manifest that no motive or reason for the occurrence has even been remotely suggested. He further submits that as far as allegation of firing is alleged, the same is ornamental in nature as on one got injured. He next submits that the informant for reasons best known has implicated the petitioner and the accused persons by manipulating the occurrence.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner and the fact that petitioner is a person with clean antecedent and no injury was caused, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Naubatpur P.S. Case No. 238 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T