Court granted bail to the petitioner involved in a murder case punishable under Sections 302 IPC and other charges. Bail was granted subject to conditions regarding sureties, residence, and cooperation with trial.
Petitioner released on bail upon furnishing bond of Rs. 10,000 with two sureties of like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.45196 of 2018
Arising Out of PS. Case No.-41 Year-2016 Thana- PAWNA District- Bhojpur
======================================================
Raj Kumar Choudhary @ Chhotu Son of Shri Ram Choudhary, resident of Village- Maniach, P.S. Pawana, District- Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Kumar Uday Singh For the Opposite Party/s : Mr. Sri Dashrath Mehta ======================================================
CORAM: HONOURABLE MR. JUSTICE S. KUMAR
ORAL ORDER
2 01-08-2018
Heard learned counsel for the petitioner, learned
counsel for the State as well as learned counsel for the informant.
The petitioner, who is in custody, seeks bail in connection with Pawana P.S. Case No.41 of 2016 registered for the offence punishable under Sections 147, 148, 149, 342 and 302 of the Indian Penal Code and Section 27 of the Arms Act.
Informant is the uncle of the deceased, who in his fardbeyan has stated that on 25.10.2016 his son and nephew were returning from Ara on a motorcycle, in the evening at about 7:30 P.M. they stopped their motorcycle in front of the house of Surendra Choudhary. In the meantime, six co-accused along with petitioner variously armed with Lathi, Rod, Farsha
Patna High Court Cr.Misc. No.45196 of 2018(2) dt.01-08-2018 2/3
and Khanti came there and dragged Madan choudhary in the house of Bimlesh choudhary and assaulted him, as a result he sustained injuries. His son came to his house and informed his father about the occurrence. Thereafter informant went to the house of Bimlesh Choudhary where he saw that Bimlesh Choudhary was armed with artificial rifle, Shri Ram Choudhary with desi katta and Vikash Choudhary was armed with desi katta and other co-accused armed with Farsha, Rod, Kahnti and Lathi. It has been further alleged that two months before one tractor of the informant was stolen in front of his house, but he did not named anyone in the theft. His son and his nephew had gone to Ara for finding the stolen tractor and was returning when the incident took place. Thereafter, Madan Choudhary was taken to the Sadar Hospital where he was declared dead.
It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. There is no allegation of any specific overt act against petitioner in FIR. Petitioner has been only named as accused in FIR. It has further been submitted that co-accused, namely, Shri Ram Choudhary and Vikash Kumar Choudhary against whom specific allegation of assault has been made have already been granted
Patna High Court Cr.Misc. No.45196 of 2018(2) dt.01-08-2018 3/3
bail by a Co-ordinate Bench of this Court vide order dated 13.12.2017 passed in Cr. Misc. No.60247 of 2017 and order dated 06.07.2018 passed in Cr. Misc. No.37600 of 2018 respectively. He has no criminal antecedent and he is in custody since 16.02.2018.
Learned Counsel for the informant has vehemently opposed the prayer for grant of regular bail to the petitioner.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Bhojpur, Ara in connection with Pawana P.S. Case No.41 of 2016, subject to the condition that bailors shall be resident of the territorial jurisdiction of the court below and the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.
(S. Kumar, J)
veena/manoj
1 issue framed by the court
Whether regular bail should be granted to the petitioner who is in custody for alleged offences of murder and related non-bailable offences.
2 provisions across 2 enactments
Raj Kumar Choudhary @ Chhotu
The State of Bihar
S. Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
