Sanjay Choudhary @ Santosh Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84645 of 2019 Arising Out of PS. Case No.-304 Year-2018 Thana- DINARA District- Rohtas ====================================================== Sanjay Choudhary @ Santosh Choudhary Son of Tulasi Choudhary Resident of Village - Bhairodih, P.S.- Dinara, District - Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chhote Lal Mishra For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 19-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of bail in a case registered for the offence under sections 307 and 34 of the Indian Penal Code and section 27 of the Arms Act.

As per the allegation in the FIR, the accused persons including this petitioner are said to have shot at and injured the brother of the informant.

It is submitted by learned counsel for the petitioner that from perusal of the order dated 28.03.2019 (Annexure 2) passed in Cr. Misc. no. 2584 of 2019 whereby two co-accused has been enlarged on bail, it would transpire that as per the statement of injured in para 49 of the case diary it was

Patna High Court CR. MISC. No.84645 of 2019(2) dt.19-12-2019 2/2 Gobardhan Yadav and Dayal Yadav who had fired on the brother of the informant and not this petitioner.

The application for bail has been opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the fact that the petitioner is in custody since 19.08.2018 and has no criminal antecedent, the Court is inclined to enlarge the petitioner on bail. Let the petitioner, above named, be enlarged on bail on his furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st, Bikramganj Rohtas in connection with Dinara P.S Case no. 304 of 2018.

(Partha Sarthy, J) Prakash/- U