Paras Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7099 of 2024 Arising Out of PS. Case No.-168 Year-2023 Thana- AMDABAD District- Katihar ====================================================== Paras Choudhary, Son of Late Ramji Chodhary R/o vill - Kasba Tola, Gadai Diyara, Ward no. 11, P.S. - Amdabad, Distt. - Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimal Kumar, Adv.

For the Opposite Party/s :

Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 17-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Amdabad P.S. Case No. 168 of 2023, lodged on 01.07.2023 under Sections 147, 148, 149, 341, 323, 307, 302, 504 of the Indian Penal Code.

3. As per the prosecution case, FIR has been lodged against eleven named accused persons including the present petitioner against whom there is an allegation that they assaulted the husband and other family members of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that the specific allegation is against accused Rajesh Chaudhary who has alleged to attack by lathi and danda on the head of the husband of the informant due to which the blood was oozing out from his head and subsequently, he fell

Patna High Court CR. MISC. No.7099 of 2024(2) dt.17-02-2024 2/2 down. Counsel further submits that except Rajesh Chaudhary, the allegation against other accused persons are general and omnibus and there is no act or overt act against anyone.

5. Learned counsel for the petitioner submits that the antecedent of the petitioner is clean and he is in custody since 04.07.2023.

6. Upon specific query of the Court from the counsel for petitioner that whether charge has been framed in this case or not, counsel submits that as per his knowledge, charge has not been framed in this case.

7. Learned APP for the State opposes the prayer for bail of the petitioner.

8. In the present facts and circumstances of this case and the submissions made above considering the antecedent of the petitioner, let the petitioner above named be granted bail, but only after framing of charge, if not framed on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-V, Katihar in connection with Amdabad P.S. Case No. 168 of 2023, subject to the conditions as laid down U/s 437(3) Cr.P.C.

(Dr. Anshuman, J.) Divyansh/- U T