Bali Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22188 of 2021 Arising Out of PS. Case No.-145 Year-2020 Thana- KAUWAKOL District- Nawada ====================================================== BALI CHAUDHARY, SON OF DOWARIKA CHAUDHARY RESIDENT OF VILLAGE- SHEKHODEVRA, P.S.- KAWAKOLE, DISTRICTNAWADA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sheo Kumar Prasad For the Opposite Party/s :
Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 13-01-2022 Heard Mr. Sheo Kumar Prasad, learned counsel for the petitioners and learned APP for the State. The petitioner seeks bail in anticipation of his arrest in connection with Kawakole P. S. Case No. 145 of 2020, instituted for the offences under Sections 341, 323, 307, 447 and 34 of the Indian Penal Code. The accusation against the petitioner and others is of assaulting the members of the prosecution party, injuring three persons, namely, Manoj Chaudhary, Pinki Devi and Upendera Chaudhary. All of them have received simple injuries.
Patna High Court CR. MISC. No.22188 of 2021(2) dt.13-01-2022 2/3 The learned Counsel for the petitioner has submitted that the occurrence took place on 12.05.2020 but the FIR has been lodged on 16.05.2020 and that also without any explanation.
He has further submitted that the parties are closely related to each other and because of a dispute over a passage, the present case has been lodged. It has been further been submitted that some of the other accused persons of this case with similar accusation have been granted anticipatory bail by different Benches of this Court.
Regard being had to the aforesaid background facts, the petitioner, above-named, in the event of his arrest or surrender before the court below within a period of six weeks, is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate IVth, Nawada, in connection
Patna High Court CR. MISC. No.22188 of 2021(2) dt.13-01-2022 3/3 with Kawakole P. S. Case No. 145 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
This petition stands allowed.
(Ashutosh Kumar, J) skm/- U T