Mukesh Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6654 of 2023 Arising Out of PS. Case No.-178 Year-2022 Thana- BAIRIYA District- West Champaran ====================================================== Mukesh Chaudhary Son Of Avdhesh Chaudhary R/O Vill.- Ward No.- 12, Bhitaha, P.S.- Bairiya, Distt.- West Champaran ... ... Petitioner/S

Versus

The State Of Bihar ... ... Opposite Party/S ====================================================== Appearance :

For the Petitioner/s :

Mr. Akhileshwar Kumar Shrivastva, Advocate For the Opposite Party/s :

Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-04-2023 Heard learned counsel for the petitioner and the State. Petitioner apprehends arrest in a case registered for the offence punishable under sections 341, 323, 324, 307, 379/34 of the Indian Penal Code and u/s 27 of the Indian Arms Act.

As per the prosecution case, all the FIR named accused persons including this petitioner assaulted and looted. It is further alleged that co-accused Rabindra Chaudhary hit on the head of the Santosh Chadhary from butt of his pistol and thereafter, the accused Kaish gaddi stabbed knife in abdomen of Santosh Chaudhary. They also snatched mobile and cash of Rs. 95,000/- from the pocket of the informant.

Learned counsel for the petitioner submits that he has been falsely implicated in this case. There is no allegation of

Patna High Court CR. MISC. No.6654 of 2023(2) dt.17-04-2023 2/2 overt act against him. Petitioner claims clean antecedent. Learned counsel for the State opposes the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned A. C. J. M. 3rd, Bettiah, West Champaran, in Bairiya P.S. case no.178 of 2022 (G.R. 2455/2022) subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Kaushik/- U T