Chandan Chaudhary @ Kariya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77553 of 2025 Arising Out of PS. Case No.-76 Year-2022 Thana- TEGHRHA District- Begusarai ====================================================== Chandan Chaudhary @ Kariya S/o- Sri Ram Chaudhary @ Shreeram Chaudhari R/v- Dularpur Ps- Teghra Dist- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sagar Kumar, Advocate Mr.Sharad Kumar Verma, Advocate For the Opposite Party/s :
Mr.Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 18-11-2025 Heard Mr. Sagar Kumar, learned counsel for the petitioner and Mr. Md. Shakir Ahmad, learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Teghra P.S. Case No. 76 of 2022, F.I.R. dated 25.03.2022 for the offences punishable under Sections 341, 307/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per the prosecution case, on March 21, 2022, at approximately 10:00 PM, informant Pankaj Kumar (son of Dinesh Singh, resident of village Dularpur, P.S. Teghra, District Begusarai) was returning home from Teghra Bazaar and near Naya Nagar School, four armed individuals, namely, Amit
2/4 Kumar Chaudhary, Gulshan Chaudhary, Bittu Kumar, and Rahul Kumar suddenly surrounded him. When the informant attempted to flee, Amit Kumar Chaudhary fired from behind, injuring the back of his head. The informant saved his life by escaping and was admitted to Glocal Hospital, Begusarai.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. The petitioner is not named in the FIR and his name has surfaced in the supervision note of SubDivisional Police Officer, Teghra which was recorded in Paragraph '25' of the case diary. From perusal of the FIR, it appears that the allegation of firing is on co-accused person namely, Amit Kumar Chaudhary and the S.D.P.O. has not found anything against the petitioner and he only found that the petitioner was drinking liquor with the co-accused Amit Kumar Chaudhary.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances, petitioner is not named in the FIR and he has clean antecedent and specific allegation of firing is on co-accused Amit Kumar Chaudhary, let the petitioner, above named, in the event of arrest
3/4 or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Begusarai in connection with Teghra P.S. Case No. 76 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. 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.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the
4/4 acceptance of bail bond in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) tusharika/- U T