Shubham Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69366 of 2024 Arising Out of PS. Case No.-69 Year-2024 Thana- JALALGARH District- Purnia ====================================================== Shubham Choudhary S/o Sri Sanjeev Choudhary Resident of Vill- Ramnagar Polytechnic chowk, ward no 11, P.S- Maranga, Distt. - Purnea. ... ... Petitioner.

Versus

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

For the Petitioner/s :

Mr. Amit Kumar Anand, Advocate For the Opposite Party/s :

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State

2. The petitioner apprehends his arrest in Jalalgarh P.S. Case No. 69 of 2024 registered for the offences punishable under Sections 386 and 120B of the Indian Penal Code and Section 27 of the Arms Act pending in the Court of learned Chief Judicial Magistrate, Purnea.

3. The petitioner in association of other co-accused is said to have resorted firing at the house of the informant.

4. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. It is further submitted that petitioner has been made accused in this case merely on suspicion. It is further submitted that there

Patna High Court CR. MISC. No.69366 of 2024(2) dt.17-10-2024 2/2 is no direct or indirect evidence against the petitioner to connect with the alleged offence. Petitioner has four criminal antecedents as mentioned in para-3 of this application.

5. Learned APP for the State vehemently opposing the bail petition submitted that considering the nature of the allegation and the criminal antecedent, the petitioner does not deserve anticipatory bail.

6. Considering the facts and circumstances of case and the criminal antecedent, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.

7. However, if the petitioner surrenders before the learned Court below within six weeks from today and seek regular bail, the learned Court below would pass order in accordance with law without being prejudiced by this order.

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