Ghuran Chaudhary @ Devanand Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17409 of 2019 Arising Out of PS. Case No.-89 Year-2018 Thana- ALAMNAGAR District- Madhepura ====================================================== Ghuran Chaudhary @ Devanand Choudhary, Son of Late Manoj Chaudhary Resident of Village- Kishanpur Ratwara, P.S.- Alamnagar (Ratwara), DistrictMadhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mrigendra Pratap Singh For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-03-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is languishing in custody since 02.12.2018 in connection with Alamnagar (Ratwara O.P.) P.S. Case No.89 of 2018 (S.Tr. No.222 of 2018) registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 379, 504, 506 of the Indian Penal Code.

The prosecution case, as per the written report of Arjun Sharma, submitted to S.H.O., Ratwara P.S. is to the effect that on 30.04.2018 at 1:00 P.M., the son of the informant was sleeping near door, in the mean time, all the FIR named accused persons including the petitioner came variously armed with lathi, danda, iron rod and surrounded his house and co-accused Prakash Sahni having pistol pulled the informant's son out of door and ordered to kiil him, whereupon, the petitioner Ghuran Chudhary assaulted him with Dabia causing severe injury on his head. It is further alleged that all the FIR

Patna High Court CR. MISC. No.17409 of 2019(2) dt.29-03-2019 2/2 named accused person took away a radio worth Rs.1000/- as well as two gold-chains from the neck of the son and nephew of informant and a cash of Rs.25,000/-.

It is submitted by learned counsel for the petitioner that there is no accusation of repeating blow and injury report suggests that the injury are simple in nature. It is further submitted that there is counter case filed from the petitioner's side being Alamnagar (Ratwara O.P.) P.S. Case No.90 of 2018. It is further submitted that the petitioner is not having criminal antecedent, statement to that effect is made in paragraph no.3 of the bail application.

Learned A.P.P. for the State has vehemently opposed the prayer for bail and submits that there is specific accusation of assault against the petitioner.

Considering the fact that there is no accusation of repeating blow and there being a counter version of the occurrence, let the above named petitioner 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 learned A.D.J.-II, Madhepura in connection with Alamnagar (Ratwara O.P.) P.S. Case No.89 of 2018 (S.Tr. No.222 of 2018).

(Dinesh Kumar Singh, J) sanjeev/- U T