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Patna High CourtCR. MISC./11961/2024bail granted

Polard Chaudhary @ Ranjan Kumar v. The State Of Bihar

2024-03-05Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11961 of 2024 Arising Out of PS. Case No.-241 Year-2023 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== Polard Chaudhary @ Ranjan Kumar, aged about 30 years, Gender-Male, S/O Shiv Chaudhary @ Shiv Kumar Chaudhary, R/O Village- Karwandiya, PS. Sasaram (M), Dist. Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mithilesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh, APP For the Informant :

Mr. Siddharth Harsh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 05-03-2024 Heard learned counsel for the petitioner, learned counsel for the Informant and learned APP for the State.

2. The petitioner is in custody in connection with Sasaram (M) P.S. Case No. 241 of 2023 registered for an offence punishable under Sections 307, 325, 323, 341, 504, 147, 148, 149 and 302 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per allegation in the FIR, all the accused persons came variously armed at the house of the informant and surrounded the informant and his cousin Anuj Kumar. Thereafter, an order of co-accused Akhilesh Chaudhary, all the accused persons started making assault to the informant and other members. It is alleged against co-accused Ravi Chaudhary that he along with co-accused Manish Kumar, Kamal Kishore, Sunil Yadav

Patna High Court CR. MISC. No.11961 of 2024(2) dt.05-03-2024 2/2 assaulted to Rohit Kumar over his head who subsequently succumbed to the injuries.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He submits that there is general and omnibus allegation against the petitioner and no specific allegation of assault upon the head of the deceased. He next submits that similarly situated co-accused has already been granted bail by a Co-ordinate Bench of this Court passed in Cr. Misc. No. 56183 of 2023 and petitioner is in custody since 13.09.2023 and petitioner has got no criminal antecedent as stated in para-3 of the petition.

5. Learned APP for the State as well as learned counsel for the State opposes the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Sasaram, Rohtas in connection with Sasaram (M) P.S. Case No. 241 of 2023.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T