Uday Shankar Chaudhary @ Chhotu Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83918 of 2024 Arising Out of PS. Case No.-11 Year-2024 Thana- SHYAMPUR BHATHAN DistrictSheohar ====================================================== Uday Shankar Chaudhary @ Chhotu Chaudhary Son of Raghunath Chaudhary R/O Vill.- Nayagaon, P.S.- Shyampur Bhatha, Dist.- Sheohar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Hans Lal Kumar, Advocate For the Opposite Party/s :
Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-01-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with S.Tr. No. 61 of 2024 arising out of Shyampur Bhataha P.S. Case No. 11 of 2024 instituted for the offences under Sections 307/34 of the Indian Penal Code and 27 Arms Act.
3. Allegation against the petitioner is of firing upon the informant and his companion with an intention to commit their murder.
4. Learned counsel for the petitioner submitted that the petitioner is innocent and has falsely been implicated in the present case. Learned counsel further submitted that although there is specific allegation of firing against the petitioner, no
Patna High Court CR. MISC. No.83918 of 2024(3) dt.17-01-2025 2/3 injury has been caused to any person. Learned counsel further submitted that no occurrence has taken place and the petitioner has been falsely implicated in the present case merely due to dirty village politics. The co-accused person has already been granted anticipatory bail by this Court vide order dated 01.10.2024 passed in Cr. Misc. No. 66383 of 2024. It is further submitted that charge has already been framed against the petitioner. Learned counsel further submitted that case has been committed to the court of sessions. It has been submitted on behalf of the petitioner that the petitioner is in custody since 23.04.2024 and has five criminal antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with S.Tr. No. 61 of 2024 arising out of Shyampur Bhataha P.S. Case No. 11 of 2024, subject to the following conditions:
Patna High Court CR. MISC. No.83918 of 2024(3) dt.17-01-2025 3/3 (I) One of the bailors shall be own/close member of the family of the petitioner.
(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(III) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Rudra Prakash Mishra, J) Alok Verma/- U T