Bharat Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53320 of 2019 Arising Out of PS. Case No.-117 Year-2019 Thana- DINARA District- Rohtas ====================================================== Bharat Choudhary Son of Awadh Choudhary Resident of Village - Dhawaniya, Shashtri Nagar, P.S.- Garahni, Distt - Bhojpur at Arrah. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Shailendra Kumar Singh ====================================================== 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 394, 302 of the Indian Penal Code.

Allegation is that four unknown miscreants fired shot from country made pistol on the father of the informant, due to which his father sustained gun shot injury and fell down and they also fired shot which hit in the waist of the informant. In course of treatment, informant's father died. It has been submitted on behalf of the petitioner that the petitioner is in custody since 2.5.2019 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 not named in the F.I.R.

Patna High Court CR. MISC. No.53320 of 2019(2) dt.26-08-2019 2/2 His name has come on confessional statement of co-accused. The petitioner has not been put on T.I.P. to ascertain his participation in the alleged occurrence. Except for confessioanl statement, there is no other substantive evidence to suggest his implication in the present case.

On behalf of the State, it is submitted that the petitioner is not 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 Additional Chief Judicial Magistrate, Bikramganj in connection with Dinara (Bhanas) P.S. case No.117 of 2019.

(Sudhir Singh, J) Narendra/- U T