Suresh Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26143 of 2023 Arising Out of PS. Case No.-18 Year-2023 Thana- PIPRAKOTHI District- East Champaran ====================================================== SURESH CHAUDHARY Son of Late Ganesh Chaudhary Resident of Village - Dhekha Vishunpur, P.S.- Pipra Kothi, District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar No.1 For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner has preferred this application for grant of regular bail in connection with Pipra Kothi P.S. Case No 18 of 2023 dated 17.1.2023 registered for the offences punishable u/s 147, 148, 149, 341, 323, 324, 307, 447, 448, 379, 354, 504

Patna High Court CR. MISC. No.26143 of 2023(2) dt.24-05-2023 2/3 and 506 of the Indian Penal Code.

As per the prosecution case, the petitioner and the other co-accused persons holding various weapons came and assaulted the informant. On the exhortation of the petitioner, Munnu Choudhari assaulted the informant on his head with Farsa, which caused injury to him. When the family members came to rescue, all the accused persons assaulted them with knife, Dabia and the co-accused Rubi Shani snatched golden chain from the informant and torn the cloth of the informant's wife.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. The allegation against the petitioner that he gave the order to fire. There is case and counter case in which both sides sustained injuries. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 18.01.2023.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-

Patna High Court CR. MISC. No.26143 of 2023(2) dt.24-05-2023 3/3 named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Motihari in connection with Pipra Kothi P.S. Case No. 18 of 2023.

The application stands allowed.

(Chandra Prakash Singh, J) Ajay Singh/- U T