Jitendra Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21504 of 2024 Arising Out of PS. Case No.-245 Year-2023 Thana- MAHKAR District- Gaya ====================================================== Jitendra Chaudhary, Son of Mundrika Chaudhary, Resident of Village- Khus Halpur, Police Station- Mahkar, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aryan Singh, Advocate Mr. Gajendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-04-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Mahkar P.S. Case no. 245 of 2023 registered under sections 307, 341, 323, 325, 504, 506 and 34 of the Indian Penal Code.

3. As per the prosecution case, over a trivial dispute relating to removal of firewood, it is stated by the informant that the petitioner along with nine other named accused started to assault the husband of the informant leading to injuries.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case by exaggerating a trivial dispute which would be evident from reading of the FIR itself. The injury reports which has been brought on record as Annexure-P/2 series does not support the

Patna High Court CR. MISC. No.21504 of 2024(2) dt.04-04-2024 2/2 allegations of assault by ten accused persons. The injury which in the opinion of the doctor has been found to be grievous is on a non-vital part of the body and is not attributable to this petitioner. He has no criminal antecedent and is in custody since 13.11.2023. Charge-sheet has been submitted in the case.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the FIR, the submissions made, the petitioner being in custody for 4 months since 13.11.2023 and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Mahkar P.S. Case no.245 of 2023, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-I, Gaya. (Partha Sarthy, J) avinash/- U T