Gopal Kumar Choudhary @ Lallu Choudhary @ Lalu Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65490 of 2024 Arising Out of PS. Case No.-419 Year-2023 Thana- DALSINGHSARAI District- Samastipur ====================================================== Gopal Kumar Choudhary @ Lallu Choudhary @ Lalu Choudhary Son of Manoj Kumar Chaudhary @ Manoj Kumar Choudhary Resident of village - Piparpati Kewta, Police Station - Dalsinghsarai, District - Samastipur ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mahendra Pratap For the Opposite Party/s :
Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 29-11-2024 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State.
2. The petitioner is seeking regular bail in connection with Dalsingsarai P.S. Case No. 419 of 2023 for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per allegation, the father of the informant was sitting at his poultry firm. In the meantime, three unknown miscreants came and demanded 2 kg chicken and when his father told him that chicken is not being sold here, one miscreant shot the father of the informant and his father sustained three fire-arm injuries. Thereafter, the accused persons fled away towards Dalsingsarai. He brought his father to
Patna High Court CR. MISC. No.65490 of 2024(3) dt.29-11-2024 2/3 Dalsingsarai Hospital where doctor declared him as dead.
4. The learned counsel for the petitioner submitted that the petitioner is innocent and has falsely been implicated in this case. Except criminal antecedent, there is nothing against him. The petitioner was remanded in this case from another case and his confessional statement was elicited after putting coercion. He has also submitted that the confessional statement is not leading to recovery of any incriminating articles. The FIR is against unknown. The informant is not eye witness to the alleged occurrence. Except the confessional statement before the police, which is not leading to recovery, there is nothing against the petitioner in the entire case diary. He is under custody since 15-02-2024.
5. On the other hand, the learned APP for the State has opposed the prayer for bail.
6. Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand rupees) with two sureties of the like amount each to the satisfaction of learned Additional District Judge, Dalsingsarai, Samastipur in connection with Dalsingsarai P.S. Case No. 419 of 2023, subject to the condition that the petitioner shall
Patna High Court CR. MISC. No.65490 of 2024(3) dt.29-11-2024 3/3 cooperate in the disposal of trial and make himself available as and when required by the court.
(Nawneet Kumar Pandey, J) A.K.V.//- U T