Patna High CourtCR. MISC./37948/2014bail granted

Shyam Kumar Choudhary v. The State Of Bihar

2015-06-30Mr. Justice Aditya Kumar Trivedi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37948 of 2014 Arising Out of PS.Case No. -283 Year- 2014 Thana -SARAIYA District- MUZAFFARPUR ====================================================== SHYAM KUMAR CHOUDHARY S/O SHREE KAMLOESHWARI CHOUDHARY RESIDENT OF VILLAGE- AMBARA TEJ SINGH, P.SSARAIYA, DISTRICT- MUZAFFARPUR. .... .... PETITIONER/S

VERSUS

THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance:

For the Petitioner/s : Mr. Pramod Kumar, Adv.

For the Opposite Party/s : Mr. Nand Kishore Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 30-06-2015 Supplementary affidavit has been filed on behalf of petitioner, taken on record.

Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

Petitioner who happens to be informant in Saraiya P.S. Case No.13 of 2012 which was registered under Sections 341,323,504,307,387 IPC, 25(1-B) A, 27 of the Arms Act against Munna Pandey and Vikash Kumar ultimately ended till filing of charge sheet by the Investigating Officer only under Section 341, 323, 504/34 IPC and because of the fact that story of recovery of firearm from the possession of accused persons were found false and as the aforesaid firearm was produced by the petitioner before the police, as such, the Investigating Officer himself transforming as an informant launched this case. From Annexure-4 of the supplementary affidavit, it is apparent that learned lower court had taken cognizance for an offence punishable under section 341,323,504,307,387 IPC, 25(1-B) A, 27 of the Arms Act. Consequent thereupon, propriety of instant prosecution now became completely blurred.

Patna High Court Cr.Misc. No.37948 of 2014 (4) dt.30-06-2015 As such, petitioner Shyam Kumar Choudhary is directed to be released on bail on furnishing bail bonds of Rs.10,000/-(ten thousand) with two sureties of the like amount each, to the satisfaction of learned Subdivisional Judicial Magistrate (West), Muzaffarpur in connection with Saraiya P.S. Case No.283 of 2014 in the event of his arrest / surrender within four weeks in terms of condition so laid down under Section 438(2) Cr.P.C. (Aditya Kumar Trivedi, J.) PN/- U T