Nagendra Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85683 of 2024 Arising Out of PS. Case No.-7 Year-2024 Thana- NARALI KALA KHURD DistrictAurangabad ====================================================== Nagendra Choudhary, S/o Late shiv Narayan Choudhary, Resident of Kanchanpur, P.S- Narai Kala Khurd, Distt.- Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Siddharth Aditya, Advocate For the Opposite Party/s :
Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 20-03-2025 Heard Mr. Siddharth Aditya, learned counsel for the petitioner and Mr. Amitesh Kumar, learned APP for the State.
2. The petitioner has prayed for bail in connection with Narari Kala Khurd @ Nagri Kala Khurd P.S. Case No. 07 of 2024 registered for the offence punishable under Sections 302 and 307 of the Indian Penal Code and Section 27 of the Arms Act.
3. The case of the prosecution is that the petitioner who is own brother-in-law of the informant entered in the house of the informant while she was tailoring some clothes. The petitioner was armed with pistol. It is further alleged that he fired at the informant. After that, he started searching the husband of the informant. At that time, the informant's husband
Patna High Court CR. MISC. No.85683 of 2024(3) dt.20-03-2025 2/3 was not at the house rather he has gone to Kanchanpur Nahar Chowk. It is further alleged that the petitioner fired at the husband of the informant. The gun shot injury hit at the head of the deceased due to which he died.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. It is further submitted that from perusal of the F.I.R. itself it is clear that the informant is not the eye witness of the second occurrence. From perusal of the diary also, it transpires that the witnesses who have been examined by police, have stated that they came to know from the informant regarding the occurrence. Learned counsel for the petitioner has further submitted that it is a family dispute and he has falsely been implicated due to family dispute. As far as the injuries of the informant is concerned, injuries are of superficial nature and there is no eye witness regarding second occurrence. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. He is languishing in judicial custody since 30.01.2024.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and
Patna High Court CR. MISC. No.85683 of 2024(3) dt.20-03-2025 3/3 considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court of J.M.F.C., Aurangabad in connection with Narari Kala Khurd @ Nagri Kala Khurd P.S. Case No. 07 of 2024 (Ashok Kumar Pandey, J) lata/- U T