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Patna High CourtCR. MISC./71834/2019bail granted

Puja @ Ravi v. The State Of Bihar

2020-02-05Mr. Justice Rajendra Kumar Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71834 of 2019 Arising Out of PS. Case No.-173 Year-2019 Thana- CHARPOKHARI District- Bhojpur ====================================================== 1.

PUJA @ RAVI Son of Ram Ishwar Singh @ Balchhari R/O Village - Manaini, P.S.- Charpokhari, District- Bhojpur. 2.

Babua Son of Ram Ishwar Singh @ Balchhari R/O Village - Manaini, P.S.- Charpokhari, District- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioners :

Mr.Ravindra Kumar, Adv.

For the State :

Mr.Awadhesh Kumar Singh, APP For the Informant :

Mr. Apurva Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-02-2020 Heard learned counsel for the petitioners, the learned counsel for the informant and learned Additional Public Prosecutor for the state.

The petitioners seek pre-arrest bail in connection with Charpokhari P.S. Case No. 173 of 2019, registered under Sections 302 and 120B of the Indian Penal Code and 27 of the Arms Act.

The accusation is that in the evening of 08.08.2019, Pramod Kumar, brother of the informant, Shri Ram Singh, was accompanied by petitioners, Puja @ Ravi and Babua, and four others, named in the first information report. In late evening at about 06.00 p.m. when the informant was near the river in the

Patna High Court CR. MISC. No.71834 of 2019(2) dt.05-02-2020 2/3 south of the village, then, heard the sound of 6 to 7 boys to kill any-one, he rushed there and saw that Dhana Choudhary and Ravi Yadav were resorting to shot fire. Thereafter, Satya Narain Choudhary shot fire on the chest of his brother, Pramod Kumar, who fell down there. While he was rushed to hospital, but, died in the way. The occurrence is also seen by one Pankaj Upadhyay.

Submission is that it would appear from the first information report that deceased left the house with the petitioners and four others and later on, in course of evening walk, informant saw 6 to 7 persons and also disclosed the name of Ravi Yadav. Dhana Choudhary is order giver on which Satya Narain Choudhary shot fire, but, the informant has not disclosed the name of the petitioners present there. Mere on suspicion, both the petitioners have been implicated in this case. Having regard to the facts and circumstances of the case, let the petitioners, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Charpokhari P.S. Case No. 173 of 2019 shall be released on bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhojpur at Ara,

Patna High Court CR. MISC. No.71834 of 2019(2) dt.05-02-2020 3/3 or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code. (Rajendra Kumar Mishra, J) Shamshad/- U T