Saurav Chaudhary @ Saurav Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57186 of 2022 Arising Out of PS. Case No.-83 Year-2022 Thana- BACHHWARA District- Begusarai ====================================================== Saurav Chaudhary @ Saurav Choudhary Son Of Dinesh Chaudhary Resident Of - Ward No.- 8, Godhana, Godhna, P.S.- Bacchwara, District - Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pritish Kumar Lal, Advocate For the Opposite Party/s :

Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 19-04-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in Sessions Trial No. 684 of 2022 arising out of Bacchwara P.S. Case No. 83 of 2022 registered for the offence under Section 302 of the Indian Penal Code and under Section 27 of the Arms Act.

The accused/petitioner is named in the F.I.R. and is in custody since 25.04.2022.

The allegation against the petitioner is to commit murder of father of the informant by causing firearm injuries, while he made firing quarreling with Vijay Chaudhary. Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.57186 of 2022(3) dt.19-04-2023 2/3 submitted that petitioner is falsely implicated in this present case, as the F.I.R. itself speaks that alleged firing was not made intentionally. It is further pointed out that the informant is not the eye witness of the occurrence. It is also submitted that the face of F.I.R. is also suggesting that bullet hit the deceased father of the informant accidentally and as such maximum allegation appears of under Section 304 (II) of the Indian Penal Code and not of murder. It is also pointed out that after the occurrence, petitioner himself surrendered before the Court, which also reflects the act of petitioner, who is a man of clean antecedent. While concluding the argument, it has been submitted that investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as father of informant, received bullet injury accidentally, as per narration of F.I.R., coupled with the fact that charge-sheet has already submitted, let the petitioner, above named, is directed to be released on bail in Sessions Trial No. 684 of 2022 arising out of Bacchwara P.S. Case No. 83 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)

Patna High Court CR. MISC. No.57186 of 2022(3) dt.19-04-2023 3/3 with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I, Begusarai/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) Archana/- U T