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Patna High CourtCR. MISC./14796/2022bail granted

Abhishek Choudhary @ Abhishek Kumar Choudhary @ Soni Choudhay v. The State Of Bihar

2022-08-23Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14796 of 2022 Arising Out of PS. Case No.-52 Year-2021 Thana- BAUNSI District- Banka ====================================================== 1.

ABHISHEK CHOUDHARY @ ABHISHEK KUMAR CHOUDHARY @ SONI CHOUDHAY SON OF SHYAM SUNDAR CHOUDHARY @ SHYAM SUNDAR JAISWAL R/O VILLAGE- FAGA, P.S.- BANDHUA KURABA, DISTRICT- BANKA 2.

SHYAM SUNDER CHOUDHARY @ SHYAM SUNDER JAISWAL SON OF LATE GOVIND CHOUDHARY R/O VILLAGE- FAGA, P.S.- BANDHUA KURABA, DISTRICT- BANKA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr. Mustaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-08-2022 Heard learned counsel for the petitioners and the State.

Petitioners apprehend their arrest in a case registered for the offence punishable under Section 307, 379 and some other ancillary Sections of the Indian Penal Code. As per the prosecution case, petitioner No.1 is alleged to have assaulted on the head of informant by rod and there is no specific allegation of assault against petitioner No.2. Learned counsel appearing for the petitioners submits that petitioners are innocent and have falsely been implicated in the case. It is further submitted that though there is allegation

Patna High Court CR. MISC. No.14796 of 2022(2) dt.23-08-2022 2/2 that petitioner No.1 assaulted the informant by iron rod on his head but injury has been found to be caused by sharp cutting weapon. There is case and counter case in which both sides sustained injuries. Petitioners have got clean antecedent. Learned counsel appearing for the State opposes the prayer for anticipatory bail.

Considering the facts of the case and clean antecedent of the petitioners, let the petitioners, above named, in the event of their arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Banka in connection with Bounsi PS case No.52/ 2021, subject to conditions laid down u/s 438(2) of the Cr. P. C. (Prabhat Kumar Singh, J) BKS/- U T