← Library
Patna High CourtCR. MISC./69382/2023bail granted

Chanchala Bihari v. The State Of Bihar

2023-11-01Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69382 of 2023 Arising Out of PS. Case No.-466 Year-2022 Thana- JOGAPATTI District- West Champaran ====================================================== Chanchala Bihari W/O Binay Bihari R/O Vill-Machhargawa, Ps-Yogapatti, Dist-West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mohit Raj For the Opposite Party/s :

Mrs.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-11-2023 Heard learned counsel for the parties.

2. The petitioner apprehends her arrest in a case registered for the offence under Section 336 of the Indian Penal Code and Sections 25(9), 27, 29(b)/20 of the Arms Act.

3. As per the prosecution case, co-accused Binay Bihari, riding on an elephant, arrived in 'Kansh Vadh Mela' and made indiscriminate firing in air. During course of investigation, it has come that the rifle, which was used by co-accused Binay Bihari, was in the name of this petitioner.

4. It is submitted on behalf of petitioner that petitioner is innocent and has committed no offence and she has been falsely implicated in this case simply because the rifle, which was used by co-accused Binay Bihari in the said fair, was in her name. Petitioner is lady and has got clean antecedent.

Patna High Court CR. MISC. No.69382 of 2023(2) dt.01-11-2023 2/2

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran, Bettiah in connection with Yogapatti P.S. Case No. 466 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay/- U T