Manoj Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9731 of 2024 Arising Out of PS. Case No.-572 Year-2023 Thana- RAJAOLI District- Nawada ====================================================== Manoj Chaudhary S/o Kuldip Chaudhary R/o Vill - Bhaiji Bhita, P.S. - Rajauli, Dist. - Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shankar Kumar, Adv.

For the Opposite Party/s :

Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-02-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case in connection with Rajauli P.S. Case No. 572 of 2023 (5136015230572) dated 27.11.2023 registered for the offence/s punishable u/ss 341, 323, 307, 504 and 506 read with section 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have assaulted the informant with lathi, danda, fist and kick and the petitioner assaulted the informant with knife on his head causing injury and became unconscious. When the informant's wife, son and daughter came to rescue, all the accused also assaulted them and threatened of

Patna High Court CR. MISC. No.9731 of 2024(2) dt.28-02-2024 2/3 dire consequence.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case due to land dispute. The petitioner and the informant are the full brother. As per the injury report, the injury is simple in nature. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the injury being simple in nature, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Nawada in connection with Rajauli P.S. Case No. 572 of 2023 (5136015230572), subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure, with further condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable

Patna High Court CR. MISC. No.9731 of 2024(2) dt.28-02-2024 3/3 cause, the bail bond of the petitioner is liable to cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T