Patna High CourtCR. MISC./31604/2021allowed

Dilkhush Kumar @ Dilkhush Kumar Chaudhary @ Yash Choudhary v. The State Of Bihar

2022-04-22Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31604 of 2021 Arising Out of PS. Case No.-30 Year-2021 Thana- ROSERA District- Samastipur ====================================================== Dilkhush Kumar @ Dilkhush Kumar Chaudhary @ Yash Choudhary, aged about 22 years, male, Son of Markande Chaudhary Resident of Village - Pawra Ward No. - 10, P.S. - Rosera, Distt. - Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar No. 1, Adv.

For the Opposite Party/s :

Ms. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 22-04-2022 Heard the counsel for the parties.

The petitioner seeks bail in anticipation of his arrest in connection with Rosera P.S. Case No. 30 of 2021, dated 21.01.2021, instituted for the offences under Sections 307, 323, 341, 379, 504, 506 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

The accusation against the petitioner is of having ordered to assault the victim as also of assaulting him by the butt of the pistol. The petitioner is also said to have fired, but it did not hit anybody.

There is a counter version of the occurrence also

Patna High Court CR. MISC. No.31604 of 2021(3) dt.22-04-2022 2/2 vide Rosera P.S. Case No. 31 of 2021.

By order dated 19.01.2022, this Court had called for the case diary and the injury report and had also granted provisional bail to the petitioner.

The injury suffered by the victim is stated to be simple in nature.

Mr. Mukesh Kumar No. 1, the learned Advocate for the petitioner has submitted that because of a dispute with respect to the affairs of Ram Janki Mandir, the parties had clashed against each other for which the two cases referred to above have been filed.

Considering this aspect of the matter, the provisional bail granted to the petitioner vide order dated 19.01.2022 is, hereby, confirmed. He shall remain on the same bail bond.

The application stands allowed and disposed off accordingly.

(Ashutosh Kumar, J) Praveen-II/- U T