Pawan Kumar Modi @ Chotu Modi vs The State Of Bihar
2021 Latest Caselaw 470 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No. 30677 of 2020
   Arising Out of PS Case No.-526 Year-2019 Thana- NATHNAGAR District- Bhagalpur
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Pawan Kumar Modi @ Chotu Modi, aged about 19 years, Son of Jogi Modi, Resident of Mohalla - Anathalay Road, P.S. - Nathnagar, District - Bhagalpur.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s    :       Mr. Sanjay Singh, Advocate
For the State           :       Mr. Madan Kumar, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 29-01-2021

Heard Mr. Sanjay Singh, learned counsel for the

petitioner and Mr. Madan Kumar, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

2. The petitioner apprehends arrest in connection with

Bhagalpur Nathnagar PS Case No. 526 of 2019 dated 28.10.2019,

instituted under Sections 307/34 of the Indian Penal Code and 27

of the Arms Act, 1959.

3. The petitioner is suspected of being party to the

incident in which the son of the informant received gunshot injury

on his chest.

4. Learned counsel for the petitioner submitted that as

per the FIR itself the petitioner, who is next door neighbour of the

informant, had called and taken the son of the informant and they Patna High Court CR. MISC. No.30677 of 2020 dt.29-01-2021

were gambling and then when the informant heard gunshot she

reached and saw her son lying with blood on his chest. It was

submitted that in the FIR itself, it is stated that the petitioner might

be in a position to disclose who had shot the son of the informant.

Learned counsel submitted that the victim has survived. However,

learned counsel fairly submitted that the Additional Sessions

Judge-XII, Bhagalpur, while rejecting the anticipatory bail

application of the petitioner, has indicated that it has come in the

investigation that at the behest of the petitioner another unknown

accused had fired. Learned counsel submitted that even if such

statement is accepted, it clearly shows that the petitioner was not

the person who had shot. It was submitted that the petitioner being

the next door neighbour and a close friend of the victim, being

young in age, it is not expected that he would take such extreme

step and further that during investigation itself it has also come

that even the son of the informant, who is injured, was member of

a gambling gang. Learned counsel submitted that the petitioner has

no criminal antecedent.

5. Learned APP submitted that the victim had gone at the

call of the petitioner and was shot. However, he could not

controvert that the informant herself has mentioned that the Patna High Court CR. MISC. No.30677 of 2020 dt.29-01-2021

petitioner may be able to tell as to who shot the victim meaning

thereby that even she did not suspect that he was the culprit.

6. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, in the

event of arrest or surrender before the Court below within six

weeks from today, the petitioner be released on bail upon

furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with

two sureties of the like amount each to the satisfaction of the

learned Chief Judicial Magistrate, Bhagalpur in Bhagalpur Nath

Nagar PS Case No. 526 of 2019, subject to the conditions laid

down in Section 438(2) of the Code of Criminal Procedure, 1973

and further, (i) that one of the bailors shall be a close relative of

the petitioner, (ii) that the petitioner and the bailors shall execute

bond with regard to good behaviour of the petitioner, and (iii) that

the petitioner shall also give an undertaking to the Court that he

shall not indulge in any illegal/criminal activity, act in violation of

any law/statutory provisions, tamper with the evidence or

influence the witnesses. Any violation of the terms and conditions

of the bonds or the undertaking shall lead to cancellation of his

bail bonds. The petitioner shall cooperate in the case and be

present before the Court on each and every date. Failure to Patna High Court CR. MISC. No.30677 of 2020 dt.29-01-2021

cooperate or being absent on two consecutive dates, without

sufficient cause, shall also lead to cancellation of his bail bonds.

7. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

Anand Kr.

AFR/NAFR U T