Harish Chand Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62552 of 2022 Arising Out of PS. Case No.-104 Year-2022 Thana- BASOPATTI District- Madhubani ====================================================== HARISH CHAND CHOUDHARY S/O Late Sri Narayan Choudhary R/O Village- Siriyapur, P.S- Basopatti, District- Madhubani ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ramakant Sharma, Sr. Adv.

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

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-03-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for bail in a case registered for the offence punishable under sections 307, 324, 506/34 of the Indian Penal Code and section 27 of the Arms Act. As per allegation in the FIR, on 16.05.2022 while the informant was at his home, after hearing the noise of firing, he came out along with his neighbours and saw that his son and some other persons are coming towards the house from the orchard raising alarm and 13 accused person including the petitioner are firing on them. In the alleged incident of indiscriminate firing, four persons have received gun shot injuries.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. There is

Patna High Court CR. MISC. No.62552 of 2022(3) dt.17-03-2023 2/2 case and counter case. Members of both parties have received injuries in the alleged incident. General and omnibus allegations have been levelled against the petitioner. Similarly situated three other accused persons have already been enlarged on bail by another coordinate Bench of this Court vide order dated 06.01.2023 passed in Cr. Misc. No. 58358 of 2022. Petitioner has no criminal antecedent and languishing in judicial custody since 30.05.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Madhubani in connection with Basopatti P.S. Case No. 104 of 2022.

(Sunil Kumar Panwar, J) sushma/- U