Arvind Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70153 of 2023 Arising Out of PS. Case No.-149 Year-2023 Thana- RAJPUR District- Rohtas ====================================================== Arvind Choudhary Son Of Hans Kumar Choudhary Resident Of Village - Chorpurwa, P.S. - Sanjhauli, District - Rohtas At Sasaram ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chhote Lal Mishra, Adv.

For the Opposite Party/s :

Mr. Madan Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-01-2024 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

2. Petitioner apprehend his arrest in connection with Rajpur P.S. Case No. 149 of 2023 dated 07.08.2023, registered for the offence punishable u/s 341, 323, 337, 338, 279, 307, 386 and 506 of the IPC and Section 27 of the Arms Act, pending in the court of learned Additional Chief Judicial Magistrate Bikramganj, Rohtas.

3. Allegation against the petitioner is that he first dashed in high speed with his Nexon Car on the Chauki of the informant from which he fell down and also threatened the informant in course of heated argument. Later on, petitioner came in night and fired five bullets upon informants, somehow informant manage to save his life.

Patna High Court CR. MISC. No.70153 of 2023(3) dt.31-01-2024 2/2

4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has been falsely implicated in this case due to previous grudge. The allegation levelled against the petitioner is general and omnibus in nature. Petitioner has no criminal antecedent.

5. Per contra, learned APP for the State vehemently opposing the bail petition submitted that there is specific overt act against the petitioner and the allegation levelled against the petitioner is serious in nature, hence he does not deserve anticipatory bail.

6. Considering the facts and circumstances of case, there is specific overt act against the petitioner, I am not inclined to enlarge the petitioner on bail. The prayer for 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 shall pass order on the same day in accordance with law without being prejudiced by this order. (Anjani Kumar Sharan, J) annpurna/- U T