Kaushal Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29341 of 2021 Arising Out of PS. Case No.-400 Year-2019 Thana- BAHERA District- Darbhanga ====================================================== KAUSHAL KUMAR CHAUDHARY Son of Vinay Kumar Chaudhary Resident of Village- Haripur, P.S.- Bahera, District- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Madhusudan Kumar For the Opposite Party/s :

Mr. Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-02-2022 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Bahera P.S. Case no. 400 of 2019 instituted for the offence under Sections 323, 341, 379, 307, 354(B), 504, 506 and 34 of the Indian Penal Code.

Prosecution story relates to abuse and assault to the informant and his wife by the six accused persons including the

Patna High Court CR. MISC. No.29341 of 2021(2) dt.09-02-2022 2/3 petitioner by means of lathi, danda and rod resulting into fracture in left hand of the wife of the informant. Accused persons forcefully entered into the house of the informant and taken away ornaments and land related documents. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has been falsely implicated in this case. General and omnibus allegation has been levelled against him. There is case and counter case between the parties. Both parties have received injuries in the alleged occurrence. Injury received by the informant and his wife is simple in nature. He has got no criminal antecedent except the present one.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Bahera P.S. Case no. 400 of 2019, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.29341 of 2021(2) dt.09-02-2022 3/3 satisfaction of learned A.C.J.M., Benipur subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U