Suresh Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72183 of 2022 Arising Out of PS. Case No.-654 Year-2019 Thana- KHAGARIA District- Khagaria ====================================================== 1.

SURESH CHAUDHARY Son of Late Laddu Chaudhary R/V- Jalkaura, P.sGangour, Dist- Khagaria 2.

Shashi Chaudhary Son of Suresh Chaudhary R/V- Jalkaura, P.s- Gangour, Dist- Khagaria 3.

Ajay Chaudhary Son of Bijay Chaudhary R/V- Jalkaura, P.s- Gangour, DistKhagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjeet Kumar Singh For the Opposite Party/s :

Mr. Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-07-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek regular bail in connection with Khagaria (Gangour) P.S. Case No. 654 of 2019 registered for the offence under Sections 302/34 of the Indian Penal code and Section 27 of the Arms Act.

As per prosecution case, the informant alleged that on 22.8.2019 the petitioners along with other co-accused persons entered in the house of informant after breaking the backdoor and co-accused Rambilash Chaudhary has made fire upon father of the informant due to which Lakhan Chaudhary died. Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.72183 of 2022(3) dt.07-07-2023 2/3 petitioners are innocent and have committed no offence. The petitioners are alleged to be only members of mob due to which they have falsely been implicated in this case. From perusal of FIR, specific allegation against co-accused Ram Vilash @Karu Chaudhary who fired upon the deceased due to which he died. General and omnibus allegation leveled against these petitioners. The petitioners have got no criminal antecedent. Moreover, similarly situated co-accused persons have already been granted bail by a co-ordinate Bench of this Court vide order dt. 25.11.2019 passed in Cr. Misc. No. 72494 of 2019 and in support of this Annexure-2 has been annexed with this petition. It is further submitted that the petitioner nos1 & 2 are languishing in judicial custody since 18.5.2023 & 25.5.2023 respectively.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Khagaria (Gangaur) P.S. Case No. 654 of 2019 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties

Patna High Court CR. MISC. No.72183 of 2022(3) dt.07-07-2023 3/3 of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria.

(Sunil Kumar Panwar, J) Amandeep/- U T