Anand Kumar Choubey @ Anand Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59663 of 2023 Arising Out of PS. Case No.-104 Year-2021 Thana- SHIVSAGAR District- Rohtas ====================================================== Anand Kumar Choubey @ Anand Kumar Son Of Kameshwar Choubey Resident Of Village- Bhadrashila, Ps- Shivsagar (Shivshagar), DistrictRohtas Sasaram ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashutosh Tripathy For the Opposite Party/s :

Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-09-2023 Heard learned counsel for the petitioner, informant and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 341, 323, 324, 307, 504, 506/34 of the I.P.C. and Section 27 of the Arms Act.

3. As per prosecution case, the brother and father of the informant were sit near their house in the meantime, petitioner along with others came on a motorcycle and started indiscriminate firing, which caused injury to his father on the chest and his brother sustained injury on his private part.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to dirty village politics. He has committed no offence. There is general and omnibus allegation against the petitioner and the

Patna High Court CR. MISC. No.59663 of 2023(2) dt.08-09-2023 2/2 allegation of firing is not specific as to who fired at whom. Other co-accused namely, Ashutosh Chaubey upon whom similar allegation has been made, was granted bail by this Court vide order dt. 7.8.2023 passed in Cr. Misc. No. 35855 of 2023. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 05.08.2022.

5. Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Rohtas at Sasaram in connection with Shivsagar P.S. Case No. 104 of 2021. (Sunil Kumar Panwar, J) Amandeep/- U T