Vinay Choudhary @ Vinay Nath Choudhary @ Binay Nath Chaudhari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64202 of 2024 Arising Out of PS. Case No.-252 Year-2023 Thana- KAHALGAON District- Bhagalpur ====================================================== Vinay Choudhary @ Vinay Nath Choudhary @ Binay Nath Chaudhari S/oChaturbhuj Choudhary Resident Of Village- Ghogha Bazar, Ps- Ghogha, DistBhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar, Adv.

For the Opposite Party/s :

Mr.Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

Petitioner is apprehending his arrest in connection with Kahalgaon (Ghogha) P.S. Case No.252 of 2023, registered for the offence punishable u/s 147, 148, 149, 436, 504, 506 of the IPC and section 27 of the Arms Act.

3.

As per the prosecution case, the F.I.R. named accused persons including the petitioner set the house of the informant on fire and the petitioner is alleged to have fired one show. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence. He has been falsely implicated in this case due to ulterior motive. No such occurrence in the manner as alleged has ever taken place. It is submitted that no person has sustained any

Patna High Court CR. MISC. No.64202 of 2024(2) dt.01-10-2024 2/2 injury in the alleged firing. There is a land dispute between the parties. Earlier, the daughter-in-law of the petitioner had lodged a case against the family members of the informant. Petitioner has one criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail by submitting that there is specific allegation against the petitioner and earlier, these accused persons including the petitioner had killed the husband of the informant about two and half year ago, for which Ghogha P.S. Case No.620/2020, u/s 302/34 IPC, was lodged against the petitioner's side and the case is still pending and these accused persons in order to pressurize the informant to compromise in the said murder case, had committed the alleged offence. This fact has come in the impugned order. 6.

Considering the nature of allegation and the materials available on record, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

7.

This application is accordingly dismissed.

(Anjani Kumar Sharan, J) pallavi/- U T