Surendra Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13423 of 2024 Arising Out of PS. Case No.-290 Year-2023 Thana- BARHARA District- Bhojpur ====================================================== Surendra Choudhary S/O Late Jagarnath Choudhary R/O Village- Baluna, Ps.- Barhara (KRISHNAGARDH O.P), Dist.- Bhojpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anand Kumar Ojha For the Opposite Party/s :
Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-04-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Barhara( Krishnagardh O.P.) P.S. Case no. 290 of 2023 instituted for the offence under Sections 341, 323, 307, 504, 506, 302 and 34 of the Indian Penal Code.
3. It is a case of commission of murder of the informant's husband by the accused persons including the petitioner. This petitioner and co-accused, namely, Bharat Choudhary tossed down on toilet tank then, he became unconscious. Other co-accused person assaulted the deceased
Patna High Court CR. MISC. No.13423 of 2024(3) dt.19-04-2024 2/3 by means of lathi and danda on his head.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. It is further submitted from para-6 of this petition that co-accused Armit, Raj Kumar and Dheerej assaulted the deceased on his head and due to head injury, the husband of the informant succumbed to injury. The allegation against this petitioner and one co-accused Bharat Choudhary is that they tossed down the deceased on the toilet tank and that co-accused(Bharat Choudhary) has already been granted bail by this Court vide order dated 06.12.2023 in Cr. Misc. No. 70306 of 2023. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent.
5. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Barhara (Krishnagardh O.P.) P.S. Case no. 290 of 2023, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.13423 of 2024(3) dt.19-04-2024 3/3 learned C.J.M, Bhojpur (Ara) subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J) Shubham/- U T