Ladai Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28524 of 2020 Arising Out of PS. Case No.-188 Year-2020 Thana- BAIRIYA District- West Champaran ====================================================== LADAI CHAUDHARY Son of Sri Yogendra Chaudhary @ Bagad Chaudhary Resident of Village- Bagahi Nimiya Tola, P.S.- Bairiya, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar For the Opposite Party/s :

Mr. Md. Sufiyan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-11-2020 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor representing the State, through Video Conferencing.

The petitioner seeks regular bail in connection with Bairiya Police Station Case No. 188 of 2020, registered for the offences punishable under Sections 147/341/323/324/325/ 307/379/504 of the Indian Penal Code.

The allegation, as per the First Information Report, is that the petitioner allegedly caught hold the nephew of the informant and co-accused Loha Choudhary inflicted farsha blow on his neck.

Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case on a trivial issue over quarrel among the children. He further submits that there is

Patna High Court CR. MISC. No.28524 of 2020(2) dt.11-11-2020 2/2 no allegation of assault against the petitioner and the only allegation against him is that he caught hold the nephew of the informant. He next submits that the petitioner is in custody since 16.05.2020.

After having heard learned Counsel for the parties and taking into consideration the materials on record and the fact that there is no specific allegation of assault against the petitioner and he is in custody since 16.05.2020, I am inclined to grant bail to the petitioner.

This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail, upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Chief Judicial Magistrate, West Champaran, at Bettiah, in connection with Bairiya Police Station Case No. 188 of 2020.

It is further made clear that at the time of furnishing bail bonds, all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √