Sukhal Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27400 of 2023 Arising Out of PS. Case No.-125 Year-2022 Thana- NAURANGIA District- West Champaran ====================================================== SUKHAL CHAUDHARY Son of Jasar Chaudhary R/V- Naurangiya PSNaurangiya, Dist- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prithvi Nath Mishra, Adv.

For the Opposite Party/s :

Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 20-07-2023 Heard learned counsel for the petitioner and learned counsel for the informant as well as learned A.P.P. for the State. The petitioner seeks bail in connection with Naurangiya P.S. Case No. 125 of 2022 registered for the offence under Sections 341, 323, 324, 307, 326, 504, 34 of the Indian Penal Code.

The petitioner is alleged to have inflicted knife injury to the informant.

Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has falsely been implicated in this case. He further submits that the allegation, as alleged in the F.I.R., is false and fabricated and the petitioner has not committed any offence. He further submits that as per the F.I.R., the petitioner along with other accused

Patna High Court CR. MISC. No.27400 of 2023(4) dt.20-07-2023 2/3 persons inflicted knife blow upon the informant. He further submits that from the F.I.R. itself it is clear that there is direct allegation of assault against the co-accused, Ranjan Sahani, who allegedly inflicted knife blow upon the chest of the informant and the petitioner is said to have inflicted knife blow on the head of the informant but the injury report suggest that he sustained only one injury on his chest. He further submits that the police after investigation has submitted charge-sheet in this case against the petitioner. The petitioner is rotting in judicial custody since 11.11.2022.

Learned A.P.P. for the State opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-II, Bagaha, West Champaran in connection with Naurangiya P.S. Case No. 125 of 2022 with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

(2) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.27400 of 2023(4) dt.20-07-2023 3/3 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) brajesh/- U T