Shankar Prasad Chaudhary @ Shankar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21394 of 2015 Arising Out of PS.Case No. -210 Year- 2014 Thana -KAHALGAON District- BHAGALPUR ======================================================

1. Shankar Prasad Chaudhary @ Shankar Chaudhary S/o Raghu Nandan Chaudhary resident of Mohalla- Pathanpura Sati Ghat, P.S. Kahalgaon, District- Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. B.P.Pandey, Sr.Adv. and Mr. P.K. Sinha For the Opposite Party/s : Mr. Sahin Begum, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-07-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is in custody in a case registered under Sections 341, 323, 307, 379, 504 and 506/34 of the Indian Penal Code.

The prosecution case in, brief, is that on the date of occurrence when the informant was busy with painting of house, in the meantime his neighbour Shankar Chaudhary and Sunita Devi and some unknown persons stared throwing brickbats and stones, as a result of which he fell down. The brickbats and stones hit on the chest and back of the informant. When he fell down petitioner tried to kill him and assaulted back of his head with

Patna High Court Cr.Misc. No.21394 of 2015 (2) dt.14-07-2015 2/3 knife and injured him seriously.On alarm his wife, Nutan Devi and some came there. Sunita Devi wife of the petitioner with the help of iron rod assaulted on the forehead of Nutan Devi. His son also sustained brickbat. On arrival of some persons they fled away. In course of fleeing away the petitioner took golden chain from his neck cost of Rs. 54,000/- and Sunita Devi snatched the chain of Rs. 50,000/- from the neck of his wife.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 24.3.2015 and the charge sheet has been submitted in this case. Further it is submitted that the petitioner has got no criminal antecedent. It has further been submitted that as per FIR, the petitioner has given single knife blow upon the informant. It is further submitted that the petitioner may be released after completion of six months in custody from 24.3.2015.

On behalf of the State, it has been submitted that the petitioner is named in the FIR and there is specific allegation against him.

Considering the facts aforesaid, let above named petitioner be released, after completion of six months in custody from 24.3.2015, on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the

Patna High Court Cr.Misc. No.21394 of 2015 (2) dt.14-07-2015 3/3 satisfaction of learned C.J.M., Bhagalpur, in Kahalgaon P.S.Case No. 210/2014, G.R.No.1761/2014.

(Sudhir Singh, J) singh/- U T