Pramod Chaudhary @ Pramod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33902 of 2021 Arising Out of PS. Case No.-337 Year-2020 Thana- DINARA District- Rohtas ====================================================== PRAMOD CHAUDHARY @ PRAMOD KUMAR Son of Late Ramlakhan Chaudhary Resident of Village - Surtapur Milky, P.S.- Dinara, Distt.- Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar Agrawal For the Opposite Party/s :

Mr.APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-12-2021 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner seeks bail in connection Dinara P.S. Case no. 337 of 2020 dated 07.12.2020 registered for the offence punishable under section 302/34 of the Indian Penal Code. Learned counsel for the petitioner submits that from perusal of the allegation as alleged in the FIR, it would manifest that the informant alleges that on 26.11.2020 at 8 a.m., uncle of the informant Sudama Choudhary assaulted the informant by means of lathi on the issue for removing pot from front of the house and when father of the informant came to rescue the informant, Sudama Choudhary assaulted his father by lathi on head and abdomen and thereafter, it is alleged that brother of Sudama Choudhary namely, Pramod Choudhary assaulted father

Patna High Court CR. MISC. No.33902 of 2021(2) dt.01-12-2021 2/2 of the informant on instigation. Learned counsel for the petitioner further submits that from perusal of the allegation as alleged in the FIR, it would manifest that specific allegation of assault is against Sudama Choudhary on father of the informant on vital part of the body and as far as this petitioner is concerned though the allegation is of assault but FIR does not disclose on which part of the body of father of the informant, this petitioner assaulted. He further submits that father of the informant died during the course of treatment at Varanashi on 03.12.2020.

Learned APP opposes the prayer for bail.

Considering the facts that petitioner is in jail custody since 31.12.2020, charge sheet has been submitted and petitioner is a person with clean antecedent, the petitioner is directed to 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 the Addl. Chief Judicial Magistrate III, Bikramganj, Rohtas in Dinara P.S. Case no. 337 of 2020. (Satyavrat Verma, J) s.hassan/- U T