Raju Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28264 of 2020 Arising Out of PS. Case No.-75 Year-2020 Thana- SAHAR District- Bhojpur ====================================================== Raju Chaudhary Son of Late Dinanath Chaudhary R/o Village, P.O. and P.S.- Sahar, Dist- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar, Adv.

For the Opposite Party/s :

Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08-12-2020 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The instant application for regular bail has been filed by the petitioner in connection with Sahar P.S. Case No. 75 of 2020 registered under sections 307, 324, 504 and 34 of the Indian Penal Code.

As per allegation in the FIR, it is stated by the informant that as a result of old dispute Raju Choudhary and Chhotan Choudhary came and started an altercation and thereafter left stating that the informant would be taught a lesson. It is stated that after some time they came with a hasuli and with the intention to kill, struck with the hasuli on the neck of the informant's father which he defended with his hand and sustained serious injuries.

Patna High Court CR. MISC. No.28264 of 2020(4) dt.08-12-2020 2/3 It is submitted by learned counsel for the petitioner that from perusal of the F.I.R., it would transpire that the petitioner has been falsely implicated because of old dispute between the parties. It is further submitted that it has not been specified in the F.I.R. that as to who was carrying the hasuli and who gave the blow. Further there was no repetition of blow and the injury is on a non-vital part of the body. The petitioner has no criminal antecedent and is in custody since 22.5.2020. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the submissions made on behalf of the petitioner together with the petitioner being in custody since 22.5.2020, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Sahar P.S. Case No. 75 of 2020 on his furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJMVI/concern Court, Bhojpur at Ara. (Partha Sarthy, J) Bibhash/- U T

Patna High Court CR. MISC. No.28264 of 2020(4) dt.08-12-2020 3/3