Vinay Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73385 of 2023 Arising Out of PS. Case No.-104 Year-2022 Thana- ROSHANGANJ District- Gaya ====================================================== Vinay Chaudhary Son of Satyendra Chaudhary R/o vill - Lemuiya, P.S. - Roushanganj, Distt. - Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mahendra Thakur, Advocate For the Opposite Party/s :
Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 09-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Roushanganj (Banke Bazar) P.S. Case No.104 of 2022 registered under Sections 387, 414, 436, 386, 307/34 of the I.P.C. and Sections 25(1-B)A, 26, 27 and 35 of the Arms Act.
3. As per prosecution case, it is alleged that the petitioner including other accused persons took petrol at petrol pump but they did not pay the price and they took out revolver and disclosed themselves to be the members of K.K.Tiger Group and also demanded a ransom of Rs.10 lac. It is further alleged that in the night of the alleged date of occurrence, they
Patna High Court CR. MISC. No.73385 of 2023(3) dt.09-02-2024 2/3 again came to the petrol pump and set the petrol pump on fire due to which a bus and a motorcycle were fully burnt and also damaged the petrol pump.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and he has been falsely implicated in this case due to suspicion. The petitioner is not named in the F.I.R. Nothing has been recovered from possession of the petitioner. The petitioner has no concern with the mobile from which a ransom was demanded or with the motorcycle which was left by the miscreants at the place of occurrence. It is further submitted that similarly situated coaccused, namely, Chotu Chowdhary @ Dhananjay Chowdhary has already been granted bail by a coordinate bench of this Court vide order dated 23.05.2023 passed in Cr.Misc.No.23267 of 2023. Petitioner is in custody since 03.11.2022. He has one criminal antecedent in which he is on bail.
5. Learned A.P.P. opposes the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case, submissions of the parties and the period of custody, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties
Patna High Court CR. MISC. No.73385 of 2023(3) dt.09-02-2024 3/3 of the like amount each to the satisfaction of J.M. 1st, Class, Sherghati at Gaya in connection with Roushanganj (Banke Bazar) P.S. Case No.104 of 2022.
(Sunil Dutta Mishra, J) Harish/- U T