Gujju Chaudhary @ Gunjan Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74618 of 2022 Arising Out of PS. Case No.-85 Year-2022 Thana- MEHANDIGANJ District- Patna ====================================================== Gujju Chaudhary @ Gunjan Chaudhary S/O Tunnu Chaudhary Resident Of Village- Loha Ke Pul, P.S.- Mehadiganj, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binay Kumar Singh For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-05-2023 Heard learned counsel for the petitioner, informant and learned A.P.P appearing on behalf of the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 323, 341, 342, 326, 302, 34 of the Indian Penal Code and Section 27 of the Arms Act.

The allegation against the petitioner is that he along with other co-accused persons have beaten the brother of the informant. They also attacked by knife on the brother of the informant. The brother of the informant was thereafter taken to the hospital, but on

Patna High Court CR. MISC. No.74618 of 2022(5) dt.22-05-2023 2/3 way he died.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is not named in the F.I.R and his name subsequently sprang up on the confessional statement of co-accused Ankit Kumar. There is general and omnibus allegation against the petitioner. The specific accusation of inflicting knife blow is against Ankit Kumar and Kanhai Kumar. There is no consistent material evidence against the petitioner and only on the basis of suspicion, the petitioner has been roped in the present case. The petitioner is languishing in custody since 26.05.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned counsel appearing on behalf of the informant and learned A.P.P appearing on behalf of the State have vehemently opposed the prayer for bail of the petitioner.

Patna High Court CR. MISC. No.74618 of 2022(5) dt.22-05-2023 3/3 Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned 1st Additional District Judge, Patna City, Patna in connection with Sessions Trial No. 1348 of 2022, arising out of Mehadiganj P.S. Case No. 85 of 2022.

(Sunil Kumar Panwar, J) Shageer/- U T