Munna Chaudhary @ Rajesh Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.17902 of 2021 Arising Out of PS. Case No.-269 Year-2020 Thana- DAUDNAGAR District- Aurangabad ====================================================== Munna Chaudhary @ Rajesh Chaudhary Son Of Jimdar Chaudhary R/O- Vill. - Guljarpur, P.S. - Daudnagar, District - Aurangabad. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajiv Ranjan Kr. Pandey,Advocate For the Opposite Party/s :
Mr.Ramchandra Sahni,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 24-09-2021 Learned counsel for the petitioner undertakes to remove all the defects pointed out by the Stamp Reporter within four weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and Mr. Ramchandra Sahni, learned APP for the State.
The petitioner in the present case is seeking regular bail in connection with Daudnagar P.S. Case No. 269 of 2020 registered for the offences punishable under Sections 341, 323, 324, 307, 379, 504/34 of the Indian Penal Code. He is in custody since 06.12.2020. The petitioner has otherwise no criminal antecedent.
As per the prosecution story, on 01.09.2020 when the informant reached near Guljarpur Road, this petitioner along with other accused persons started abusing and assaulting the informant. It is alleged that this petitioner assaulted the
Patna High Court CR. MISC. No.17902 of 2021(3) dt.24-09-2021 2/3 informant as a result wherein he sustained head injury. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that there is case and counter case between the parties. The petitioner is in custody since 06.12.2020 having no criminal antecedent.
Learned APP for the State has opposed the prayer for regular bail of the petitioner.
Having regard to the facts and circumstances of the case wherein there is a case and counter case between the parties, the case from the petitioner's side has been registered earlier and there is only single blow allegedly given to the injured of this case, the petitioner has remained in jail since 06.12.2020, he has otherwise no criminal antecedent, this Court directs release of the petitioner above named on bail on furnishing of bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand Only) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Daudnagar in connection with Daudnagar P.S. Case No. 269 of 2020, subject to the conditions as laid down under Section 437(3) Cr.P.C.
And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage
Patna High Court CR. MISC. No.17902 of 2021(3) dt.24-09-2021 3/3 it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. The application stands allowed.
(Rajeev Ranjan Prasad, J) SUSHMA2/- 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'.