Dharmendra Chaudhary @ Aditya Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65457 of 2024 Arising Out of PS. Case No.-350 Year-2023 Thana- WAJIRGANJ District- Gaya ====================================================== Dharmendra Chaudhary @ Aditya Chaudhary S/o Devnandan Chaudhary R/o vill - Pesh, P.O. - Nardiganj, P.S. - Nardiganj, Distt. - Nawada, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gaurav Prakash For the Opposite Party/s :

Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-11-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case in connection with Wazirganj P.S. Case No. 350 of 2023 dated 12.06.2023 registered for the offences punishable u/ss 341, 324, 326, 307 read with section 34 of the Indian Penal Code and 27 of the Arms Act.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have fired on the informant due to that he sustained bullet injury.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is a delay of seven days in lodging the FIR. It is further submitted that as per the injury report, the injury is stated

Patna High Court CR. MISC. No.65457 of 2024(2) dt.20-11-2024 2/2 to be simple in nature. No incriminating material was recovered from the conscious possession of the petitioner. The petitioner has eight criminal antecedents as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner by submitting that there is specific allegation of firing against the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the specific and the heinous nature of allegation against the petitioner, I am of the view that no case for grant of anticipatory bail is made out and the same is rejected with direction to the petitioner to surrender before the Court below concerned within six weeks from the date of this order and the prayer for regular bail, the learned Court below may consider his prayer for regular bail in accordance with law and on its own merit without being prejudiced by this order.

7. The application stands rejected.

(Chandra Prakash Singh, J) guddukr/- U T