Patna High CourtCR. MISC./21438/2024bail granted

Kailash Chaudhary v. The State Of Bihar

2024-05-10Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21438 of 2024 Arising Out of PS. Case No.-164 Year-2023 Thana- ASHTHAWAN District- Nalanda ====================================================== Kailash Chaudhary S/o Doman Chaudhary R/o Village- Jiar, P.S.- Asthawan, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kishor Prasad For the Opposite Party/s :

Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 10-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Asthawan P.S. Case No.164 of 2023, S.Tr. No.840 of 2023 (G.R. No.3539 of 2023) lodged under section 147, 148, 149, 341, 302, 342 and 120B of the I.P.C.

3. As per the prosecution case, the F.I.R. has been lodged against 7 named and 4-5 unknown accused persons against whom there is allegation that they have assaulted the husband of the informant and his cousin in connivance with each other due to which he died on spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that the petitioner was only member of mob and there is no specific allegation of act and overt act against him.

5. Counsel also submits that the petitioner is in custody since 08.07.2023 having clean antecedent.

Patna High Court CR. MISC. No.21438 of 2024(3) dt.10-05-2024 2/2

6. Counsel also submits that the other co-accused persons have been granted bail by this Court vide orders dated 08.05.2024, 20.02.2024 passed in Cr. Misc. Nos. 25316/2024 and 9031 of 2024.

7. Learned counsel for the State opposes the prayer for bail.

8. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail, 6 months after framing of charge, if not framed, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Addl. District & Sessions Judge-VIII, Nalanda at Biharsharif in connection with Asthawan P.S. Case No.164 of 2023, S.Tr. No.840 of 2023 (G.R. No.3539 of 2023), subject to the following conditions as laid down under Section 437(3) of Cr.P.C.

(Dr. Anshuman, J.) Prakashmani/- U T