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Patna High CourtCR. MISC./35868/2021bail granted

Prakash Chaudhary v. The State Of Bihar

2022-01-05Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35868 of 2021 Arising Out of PS. Case No.-452 Year-2020 Thana- UDWANTNAGAR District- Bhojpur ====================================================== PRAKASH CHAUDHARY S/O Jitendra Chaudhary R/O Village - Belaur, P.S. - Udwantnagar, District - Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Prem Kumar Jha, Advocate Mr. Kahkashan Alam, Advocate Mr. Prabhat Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-01-2022 Heard learned counsel for the parties through video conferencing.

Petitioner seeks regular bail in connection with Udwantnagar P.S. Case No. 452 of 2020 registered for the offence under Sections 341, 323, 504, 506, 307, 34 of the I.P.C. and Section 27 of the Arms Act.

As per the allegation the petitioner along with Munna Chaudhary arrived at the house of the informant and pressurized the informant and her Aunt to compromise the case of Dipu Chaudhary. The accused persons also opened fire upon them but no body was hurt.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case due to previous enmity between the parties and he has not committed any offence in the manner alleged. He further submits that no body was injured due to alleged firing made by the petitioner ,

Patna High Court CR. MISC. No.35868 of 2021(2) dt.05-01-2022 2/2 the petitioner is in custody since 02/01/2021 and charge sheet has already been submitted.

On the other hand, Mr. Prabhat Kumar Singh, learned counsel for the informant submits that the petitioner along with other accused persons were putting pressure on the informant for compromise of the case of Dipu Chaudhary accordingly the petitioner does not deserve the privilege of bail. Regard being had to the submissions made by the parties and taking into consideration the materials available on record, the nature of allegation and the fact that petitioner is in custody since 02-01-2021 and charge sheet has already been submitted, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 20000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M. or concern court Bhojpur at Ara in connection with Udwantnagar P.S. Case No. 452 of 2020. praful/- (Anil Kumar Sinha, J) U T