Vijay Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25051 of 2024 Arising Out of PS. Case No.-873 Year-2023 Thana- AHIYAPUR District- Muzaffarpur ====================================================== VIJAY KUMAR CHAUDHARY S/O MOHAN LAL CHAUDHARY R/O VILLAGE- BHIKANPUR, P.S- AHIYAPUR, DISTT.- MUZAFFARPUR. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md.Najmul Hodda For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Ahiyapur P.S. Case No. 873 of 2023 instituted for the offence under Sections 447, 341, 323, 384, 379, 427, 504, 506/34 of the Indian Penal Code.

3. As per prosecution case, the informant alleged that the petitioner came at his shop and on the point of pistol looted Rs. 60,000/- and mobile. On protest, the petitioner assaulted him by means of iron rod and when the informant tried to stop his hand got cut. It is further alleged that earlier the petitioner used to demand ransom Rs. 2,00,000/-.

4.

It has been further submitted by the petitioner's

Patna High Court CR. MISC. No.25051 of 2024(2) dt.04-04-2024 2/3 counsel that petitioner has been falsely implicated in the present case. During investigation, no consistent evidence has been collected against the petitioner. Learned counsel for the petitioner submitted that injury sustained by the injured is simple in nature and the same is not sustained on his vital part. Charge-sheet has been submitted in this case. The petitioner is languishing in judicial custody since 14.08.2023, and has four criminal antecedents and in three cases he has been granted bail.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Ahiyapur P.S. Case No. 873 of 2023, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance

Patna High Court CR. MISC. No.25051 of 2024(2) dt.04-04-2024 3/3 on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) manishkumar/- U T