Chandan Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88712 of 2024 Arising Out of PS. Case No.-196 Year-2024 Thana- GORIAKOTHI District- Siwan ====================================================== Chandan Chaudhary Son of Hajari Chaudhary Resident of Village - Ladhi Bazar, P.S.- Goreakothi, District - Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramchandra Sahni, Advocate For the Informant/s :

Mr. Abhijeet Abhigyan, Advocate For the Opposite Party/s :

Ms Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 17-02-2025 Heard learned counsel for the petitioner; learned counsel for the informant, Mr. Abhijeet Abhigyan and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 109/ 3(5) of the BNS and Section 27 of the Arms Act.

3. The case of the prosecution is that on the order of this petitioner, one co-accused namely, Kamlesh Sahani fired at Deepak alias Butan. The gunshot hit the cheek and jaw of Deepak alias Butan.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is also submitted that only

Patna High Court CR. MISC. No.88712 of 2024(3) dt.17-02-2025 2/3 allegation against the petitioner is that he is the order giver. It is next submitted that petitioner is having criminal antecedent of nine cases out of which he is on bail on eight cases. From perusal of the injury report, it transpires that the nature of injury is simple. It is further submitted that the petitioner is languishing in judicial custody since 06.09.2024.

5. Learned APP appearing for the state and learned counsel for the informant have opposed the prayer of regular bail and submits that in para-3 of the petition of the petitioner, it is mentioned that petitioner has nine criminal antecedents but it is submitted by learned counsel for the informant that petitioner has more than nine criminal antecedents.

6. Having heard learned counsel for the parties and 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 released on bail in connection with Goreakothi P.S. Case No. 196 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan.

7. The trial court is directed to verify the criminal antecedents of the petitioner and if it is found that the petitioner

Patna High Court CR. MISC. No.88712 of 2024(3) dt.17-02-2025 3/3 has more than nine criminal antecedents as mentioned in para-3 of his petition, his bail bonds will be cancelled. (Ashok Kumar Pandey, J) Sudhanshu/- U T