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Patna High CourtCR. MISC./24632/2024bail granted

Rahul Chaudhary v. The State Of Bihar

2024-04-05Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24632 of 2024 Arising Out of PS. Case No.-245 Year-2023 Thana- MAHKAR District- Gaya ====================================================== 1.

Rahul Chaudhary Son Of Mundrika Chaudhary Resident Of Village - Khushhalpur, P.S. - Mahkar, District - Gaya 2.

Prashuram Chaudhary Son Of Mundrika Chaudhary Resident Of Village - Khushhalpur, P.S. - Mahkar, District - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Priya Ranjan, Adv.

For the Opposite Party/s :

Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 05-04-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are in custody in connection with Mahkar P.S Case No. 245 of 2023 registered for the offences punishable under Sections 341, 323, 307, 504, 506, 34 of the I.P.C.

3. As per prosecution case, over a trivial dispute relating to removal of firewood, it is stated by the informant that the petitioners along with other named accused started to assault the husband of the informant leading to injuries.

4. Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case. It is further submitted that on perusal of the injury reports all the injuries are

Patna High Court CR. MISC. No.24632 of 2024(2) dt.05-04-2024 2/2 simple in nature. One of the injuries that was caused to the victim which is grievous is also not on any vital part of the body. It is next submitted that one of the co-accused has already granted bail by the Co-ordinate Bench of this Court vide order dated 04.04.2024 passed in Cr. Misc. No. 21504 of 2024. It is also submitted that petitioners are in judicial custody since 21.12.2023.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioners.

6. On perusal of the FIR, impugned order and period of custody and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioners, let the above named petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate 4th, Gaya or successor court in connection with Mahkar P.S Case No. 245 of 2023.

(Ramesh Chand Malviya, J) Mayank/- U T