David Chaudhary @ Dhiraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53336 of 2019 Arising Out of PS. Case No.-662 Year-2018 Thana- HAJIPUR District- Vaishali ====================================================== David Chaudhary @ Dhiraj Kumar Son of Niraj prasad @ Niraj Chaudhary Resident of Mohalla - Hasan Khakatra, P.S.- Town, Hajipur, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mritunjay Kumar Singh For the Opposite Party/s :

Mr.Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 147, 148, 149, 295(a), 153(a), 302 of the Indian Penal Code and 27 of the Arms Act.

Allegation is that the accused persons armed with weapons entered in Akhara and started firing by pistol. One bullet hit the informant's son, namely, Md. Shahnawaz Hussain on his chest, due to which he fell down and second bullet hit Aarif Khan @ Aariyan Khan on his stomach. The person, who fired the bullet on his son, is named as Mukesh Paswan and person, who fired on Aarif Khan, is named as Raju Mahto. Both injured were taken to the Hospital for treatment. In course of treatment, informant's son died.

Patna High Court CR. MISC. No.53336 of 2019(2) dt.26-08-2019 2/2 It has been submitted on behalf of the petitioner that the petitioner is in custody since 24.04.2019 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is a member of unlawful assembly. The allegation of assault is alleged against co-accused Mukesh Paswan and Raju Mahto. There is no allegation of assault alleged against the petitioner.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Vaishali at Hajipur in connection with Hajipur Town P.S. case No.662 of 2018.

(Sudhir Singh, J) Narendra/- U T