Dhana Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86702 of 2019 Arising Out of PS. Case No.-173 Year-2019 Thana- CHARPOKHARI District- Bhojpur ====================================================== DHANA CHAUDHARY Son of Birendra Chaudhary Resident of Village - Bagahi, P.S.- Charpokhari in the Dist. of Bhojpur. ... ... Petitioner.

Versus

The State of Bihar ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner :

Mr. Sunil Kumar, Advocate.

For the State :

Mr. Ram Anurag Singh, A.P.P.

For the Informant :

Mr. Apurva Kumar, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-01-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State as also the learned counsel for the informant. The petitioner seeks bail in connection with Charpokhari P.S. Case No.173 of 2019 registered under Sections 302 and 120(B) of the Indian Penal Code besides Section 27 of the Arms Act. The accusation is that in the evening of 08.08.2019 at about 05.15 P.M., Pramod Kumar, the brother of the informant Sri Ram Singh, was accompanied by Golu Kumar, Reshi, Puja alias Ravi, Babua, Antu Singh, Amresh Chaubey and Mozi from his house. In the evening at about 06.00 P.M., while the informant had gone to see his field, situated in the south of the village, he heard the sound of quarrel between 6-7 boys. Thereafter, the informant went to that direction and saw that Dhana Chaudhary (petitioner) and Ravi Yadav were giving order to shot fire upon which Satya Narayan Chaudhary

Patna High Court CR. MISC. No.86702 of 2019(2) dt.18-01-2020 2/2 shot fire at Pramod Kumar, the brother of the informant, causing firearm injury on his chest, due to which he fell down and died, while he was being taken to the hospital.

Learned counsel appearing on behalf of the petitioner submits that it would appear from the F.I.R. that the assailant of the deceased Pramod Kumar, the brother of the informant, is Satya Narayan Chaudhary. The allegation against the petitioner and Ravi Yadav is only to give order to shot fire. The petitioner has no criminal antecedent and is in custody since 09.08.2019. Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhojpur at Ara, in connection with Charpokhari P.S. Case No.173 of 2019.

(Rajendra Kumar Mishra, J) P.S./- U T