Banti Chaudhary @ Banti Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71124 of 2024 Arising Out of PS. Case No.-50 Year-2024 Thana- EAST COLONY District- Munger ====================================================== Banti Chaudhary @ Banti Kumar Chaudhary Son of Late Yogendra Chaudhary Resident of- Vill- Bari Ashiqpur, Sai Mandir, P.S - East Colony, Dist- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anurag Saurav, Adv.

For the Opposite Party/s :

Mr. Zainul Abedin, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 126(2), 115, 117, 109, 61, 190 of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act.

3. Allegedly, all the FIR named accused persons including the petitioner are said to have assaulted the informant's son brutally with an intention to kill him. The injured was left in a critical condition in a semi-furnished house. He was admitted to a private hospital, where it was revealed that he also sustained gun shot injury on his head.

4. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.71124 of 2024(2) dt.23-10-2024 2/3 that petitioner is quite innocent and has committed no offence. No such occurrence as alleged has ever taken place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is totally false and based on concocted facts. There is no eye witness to the alleged incident. Nothing specific has been attributed against this petitioner. His name has been transpired in the present case merely on suspicion. There is nothing on record to show the involvement of the petitioner in the alleged occurrence. It is further submitted that petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes the prayer for bail.

6. Having regard to the facts and circumstances of the case, since there is no eye-witness to the alleged occurrence, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor

Patna High Court CR. MISC. No.71124 of 2024(2) dt.23-10-2024 3/3 Court in connection with East Colony P.S. Case No. 50 of 2024, subject to the condition as laid down under Section 482(2) of the BNSS, 2023.

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