Lalan Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17580 of 2023 Arising Out of PS. Case No.-60 Year-2022 Thana- MORO District- Darbhanga ====================================================== Lalan Chaudhary Son Of Late Deo Narayan Chaudhary @ Late Bechan Chaudhary Resident Of Village - Moro, P.S. - Moro, Distt. - Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 147, 149, 341, 323, 324, 325, 326, 307, 504, 506/34 of the Indian Penal Code.

As per prosecution case, when the informant was at is house, in the meantime, the petitioner along with co-accused persons started assaulting the informant. During course of this incident, co-accused namely, Keshav Chaudhary assaulting by means of knife due to which he sustained injury. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. There is admitted land dispute between the parties due to which he has falsely been implicated in this case. From perusal of FIR, the

Patna High Court CR. MISC. No.17580 of 2023(2) dt.17-05-2023 2/2 specific allegation of assaulting by means of knife is against coaccused Keshav Chaudhary. General and omnibus allegation of assaulting is leveled against this petitioner. Moreover, similarly situated co-accused namely, Randhir Chaudhary has already been granted bail by a co-ordinate Bench of this Court vide order dated 11.5.2023 passed in Cr. Misc. No. 16857 of 2023. It is further submitted that the petitioner has got no criminal antecedents and languishing in judicial custody since 14.10.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Moro P.S. Case No. 60 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Darbhanga.

(Sunil Kumar Panwar, J) Amandeep/- U T