Mahesh Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.5955 of 2020 Arising Out of PS. Case No.-728 Year-2019 Thana- MASAUDHI District- Patna ====================================================== MAHESH CHAUDHARY, Son of Babu Chand Chaudhary, Resident of Village - Dahibhata, P.S.- Masaurhi, Dist.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Nandan Pandit, Adv.

For the Opposite Party/s :

Mr.Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 03-07-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner in the present case is seeking anticipatory bail in connection with Masaurhi P.S. Case No.728 of 2019 registered for the offences punishable under Sections 341, 342, 323, 354, 379 and 504/34 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Learned counsel submits that both the petitioner and the informant are related to each other as both parties are agnates. Petitioner has no criminal antecedent. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.

Patna High Court CR. MISC. No.5955 of 2020(2) dt.03-07-2020 2/3 Having regard to the facts and circumstances of the case wherein it is submitted that both the petitioner and the informant are related to each other as both the parties are agnates and the informant is an ex-Mukhiya and further submission that the present case has been lodged just to settle the score as the informant has a grievance that the petitioner has always opposed her in the panchayat election, considering the nature of the allegation, relationship between the parties as also that the petitioner has no criminal antecedent, let the petitioner above named in the event of his arrest or surrender within a period of four weeks from today in connection with Masaurhi P.S. Case No.728 of 2019 be released on bail on furnishing of bail bonds of Rs. 25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of Sri B.N. Tripathi, J.M., Masaurhi, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. i.e.

(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;

(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade

Patna High Court CR. MISC. No.5955 of 2020(2) dt.03-07-2020 3/3 him from disclosing such facts to the Court or to any police officer;

(iii) a condition that the person shall not leave India without the previous permission of the Court. This application stands allowed.

(Rajeev Ranjan Prasad, J) arvind/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.