Sanjeev Chaudhary @ Sanjeev Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23738 of 2023 Arising Out of PS. Case No.-307 Year-2022 Thana- BIDUPUR District- Vaishali ====================================================== SANJEEV CHAUDHARY @ SANJEEV KUMAR CHAUDHARY SON OF JAGARNATH CHAUDHARY RESIDENT OF VILLAGE - MAJHAULI, P.S. - BIDUPUR, DISTT. - VAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Pandey, Advocate For the Opposite Party/s :

Mr.Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-06-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner apprehends his arrest in connection with Bidupur P.S. Case No. 307 of 2022, registered for the offences punishable under Sections 447, 341, 323, 307, 427, 504 and 506/34 of the Indian Penal Code.

The case of the prosecution, in brief, is that on 11.06.2022 at about 8:00 P.M. while the informant was sitting at the door of his house, one Ramjanam Chaudhary came there and started quarrelling with the informant in connection with payment of his wages and then the petitioner

Patna High Court CR. MISC. No.23738 of 2023(2) dt.24-06-2023 2/3 herein and other co-accused persons had arrived there, whereafter the petitioner had assaulted the informant and then the other co-accused persons had also assaulted the informant and others.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is having a clean antecedent. The learned counsel for the petitioner has further submitted, by referring to the impugned order dated 24.02.2023, that the injuries sustained by the injured persons have been found to be simple in nature, hence benefit of doubt can be granted to the petitioner for the purposes of grant of anticipatory bail. Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact

Patna High Court CR. MISC. No.23738 of 2023(2) dt.24-06-2023 3/3 that the petitioner is having a clean antecedent and the injuries sustained by the informant and others, attributable to the petitioner herein, have been found to be simple in nature, I deem it fit and proper to admit the petitioner herein to the privilege of anticipatory bail.

Accordingly, the petitioner, above named, is directed to be released on anticipatory bail in the event of his arrest/surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Bidupur P.S. Case No. 307 of 2022, subject to the conditions as stipulated under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) S.Sb/- U T