Uday Choudhary @Ram Uday Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62819 of 2023 Arising Out of PS. Case No.-180 Year-2023 Thana- BHAGWANPUR District- Begusarai ====================================================== 1.
UDAY CHOUDHARY @RAM UDAY CHOUDHARY SON OF RAM SWARTH CHOUDHARY RESIDENT OF VILLAGE- DADPUR, PSBHAGWANPUR (TIYAY OP), DISTT- BEGUSARAI 2.
PINTU CHOUDHARY @ PINTU KUMAR SON OF UDAY CHOUDHARY @ RAM UDAY CHOUDHARY RESIDENT OF VILLAGE- DADPUR, PS- BHAGWANPUR (TIYAY OP), DISTTBEGUSARAI 3.
CHINTU CHOUDHARY @ CHINTU KUMAR SON OF UDAY CHOUDHARY @ RAMUDAY CHOUDHARY RESIDENT OF VILLAGEDADPUR, PS- BHAGWANPUR (TIYAY OP), DISTT- BEGUSARAI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bipin Kumar, Adv.
For the Opposite Party/s :
Mr.Md. Matloob Rab, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-10-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 307, 504, 34 of the Indian Penal Code and 27 of Arms Act.
3. Allegedly, after some altercation, petitioners are said to have fired upon the informant's house.
4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no
Patna High Court CR. MISC. No.62819 of 2023(2) dt.16-10-2023 2/3 offence. No such occurrence as alleged has ever taken place. Petitioners have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is previous enmity between the parties. No person got injured in the alleged occurrence. Petitioners have no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposed the prayer for bail and submitted that the In-charge of the concerned P.S. came to the house of the informant and recovered two empty cartridges from the place of occurrence. There is sufficient material available in the case diary against the petitioners, hence they do not deserve anticipatory bail.
6. Having regard to the facts and circumstances of the case, as petitioners have no criminal antecedent, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Bhagwanpur P.S. Case No. 180 of 2023, subject
Patna High Court CR. MISC. No.62819 of 2023(2) dt.16-10-2023 3/3 to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) divyanshi/- U T