Bulbul Choudhary @ Raman Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70120 of 2023 Arising Out of PS. Case No.-229 Year-2021 Thana- MUNGER MUFFASIL District- Munger ====================================================== Bulbul Choudhary @ Raman Choudhary Son Of Naresh Choudhary Resident Of Village-Terasi Pir, P.S.-Muffasil, District-Munger (Bihar) ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arun Kumar For the Opposite Party/s :
Mr.Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-11-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 147, 302 of the Indian Penal Code and Section 27, 35 of Arms Act.
3. The prosecution case in nutshell is that petitioner along with other co-accused persons, armed with country made pistol, arrived at the Chabutra, where husband of the informant was sleeping and co-accused Govinda Chaudhary fired with the pistol which hit on right side of the chest of the informant's husband due to
Patna High Court CR. MISC. No.70120 of 2023(2) dt.03-11-2023 2/3 which he succumbed to fire arm injuries.
4. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. There is no specific overt act of allegation levelled against the petitioner rather the specific allegation of of firing upon the informant's husband is levelled upon co-accused Govinda Chaudhary. It is further submitted that petitioner was not present at his house at the time of alleged occurrence rather he had gone to Bangalore to earn his livelihood. Moreover, the petitioner is languishing in judicial custody since 29.05.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.
5. Learned APP appearing for the State has vehemently opposed the prayer for Bail.
6. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody,
Patna High Court CR. MISC. No.70120 of 2023(2) dt.03-11-2023 3/3 this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Muffasil P.S. Case No. 229 of 2021 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. II, Munger. (Sunil Kumar Panwar, J) Nirajkrs/- U T