Karu Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18233 of 2024 Arising Out of PS. Case No.-568 Year-2023 Thana- CHANDAUTI District- Gaya ====================================================== 1.

Karu Chaudhary S/O- Andhara Chaudhary @ Gulab Chand Chaudhary R/OVillage- Kujapi, P.S.- Chandauti, Dist.- Gaya. 2.

Chandan Chaudhary @ Chandan Kumar Chaudhary S/O- Bhun Chaudhary R/O- Village- Kujapi, P.S.- Chandauti, Dist.- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailesh Kumar For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 14-03-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are in custody in connection with Chandauti P.S Case No. 568 of 2023 registered for the offences punishable under Sections 341, 323, 307, 379, 504, 506/34 147 of the I.P.C.

3. As per prosecution case, petitioners along with co-accused have snatched cash, mobile from informant and his family members. Petitioners have alleged to have assaulted the one Rakesh Kumar by means of iron panja and iron kada.

Patna High Court CR. MISC. No.18233 of 2024(2) dt.14-03-2024 2/3

4. Learned counsel for the petitioners submits that petitioner has falsely been implicated in this case. It is further submitted that neither the petitioners were apprehended at the spot nor any incriminating articles recovered from their possession. On perusal of the injury report of the victim, it appears it is caused by hard and blunt substance. It is next submitted that petitioner have got no criminal antecedent as stated in para 3 of the bail petition. It is also submitted that petitioners are in judicial custody since 25.11.2023.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioners.

6. On perusal of the FIR, impugned order and period of custody and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioners, let the above named petitioners be released on bail after commitment of the case on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial

Patna High Court CR. MISC. No.18233 of 2024(2) dt.14-03-2024 3/3 Magistrate, Gaya in connection with Chandauti P.S Case No. 568 of 2023 with condition that the petitioners shall be released after commitment.

7. The trial court is directed to conclude the proceeding of commitment within a period of one month.

(Ramesh Chand Malviya, J) Mayank/- U T