Sudeshwar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20588 of 2020 Arising Out of PS. Case No.-9 Year-2020 Thana- KOILWAR District- Bhojpur ====================================================== Sudeshwar Chaudhary, S/o Late Puja Chaudhary @ Pusha Chaudhary, R/o Village- Englishpur, P.S.- Koilwar, District- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Rina Sinha- Advocate For the Opposite Party/s :

Mr. Ram Priya Sharan Singh- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02-09-2020 Heard learned counsel appearing for the petitioner as well as learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner is in custody since 13.01.2020 and seeks bail in connection with Koilwar P. S. Case No.09 of 2020 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 504, 506 of the I.P.C. The office has pointed out that the name of this petitioner differs from the impugned order, but learned counsel for the petitioner submits that the learned Court below has wrongly mentioned the name of petitioner as Sudeshwar Chaudhary Singh in cause title of B.P. No.113 of

Patna High Court CR. MISC. No.20588 of 2020(2) dt.02-09-2020 2/3 2020 whereas the name of petitioner is Sudeshwar Chaudhary, which is evident from the first information report itself.

In view of the aforesaid submissions, the defect, as pointed out by the office, is ignored.

Learned counsel appearing for the petitioner submits that no doubt, petitioner is named in the first information report, but only general and omnibus allegation of assault has been levelled against the petitioner. Learned counsel for the petitioner further points out that co-accused Kameshwar Chaudhary, Rohit Kumar @ Karia and Mukesh Chaudhary have already been granted privilege of anticipatory bail by the learned Sessions Judge, Bhojpur at Ara vide A.B.P. No.246 of 2020.

On the other hand, learned Additional Public Prosecutor opposed the prayer pointing out that several persons sustained injuries in the alleged occurrence. However, taking note of the above stated submissions as well as this aspect of the matter, the petitioner is in jail custody since 13.01.2020, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/-

Patna High Court CR. MISC. No.20588 of 2020(2) dt.02-09-2020 3/3 (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Koilwar P. S. Case No.09 of 2020.

(Hemant Kumar Srivastava, J) vikash/- U T