Manish Choudhary @ Manish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76505 of 2023 Arising Out of PS. Case No.-34 Year-2023 Thana- SAMHO District- Begusarai ====================================================== MANISH CHOUDHARY @ MANISH KUMAR Son of Ramshankar Choudhary R/o vill - Shamho Totaha, Bal No. 07, P.S. - Shamho, District. - Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bipin Kumar, Advocate Ms. Vanshika Nupur, Advocate For the Opposite Party/s :
Mr. Ram Sevak Choudhary, APP Mr. Manoj Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 29-02-2024
1. Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Samho P.S Case no.34 of 2023 registered under sections 302, 307, 323, 326, 341, 342, 504 and 34 of the Indian Penal Code and section 27 of the Arms Act.
3. As per the prosecution case, the informant states that over a dispute between the parties while the accused persons including the petitioner herein caught hold of her husband, on the orders of Ram Shankar Choudhary, Abhishek
Patna High Court CR. MISC. No.76505 of 2023(4) dt.29-02-2024 2/3 Rai fired twice on her husband as a result of which he sustained gunshot injury and died.
4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. The allegation of firing is on Abhishek Rai and not the petitioner herein who is in custody since 14.9.2023 and charge-sheet has been submitted in the case. It is lastly submitted by learned counsel for the petitioner that due to inadvertent error, an inaccurate statement was made in paragraph no.3 of the petition for which a supplementary affidavit has been filed stating about the antecedents of the petitioner.
5. The prayer for bail is opposed by learned A.P.P for the State.
6. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR against the petitioner, the allegation of firing being against one Abhishek Rai together with the petitioner having remained in custody for 5 months since 14.9.2023 and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Samho P.S. Case no.34 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.76505 of 2023(4) dt.29-02-2024 3/3 the learned Additional Chief Judicial Magistrate-IV, Begusarai.
(Partha Sarthy, J) Shiv/- U T