Kailash Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38878 of 2023 Arising Out of PS. Case No.-229 Year-2022 Thana- LODIPUR District- Bhagalpur ====================================================== KAILASH CHOUDHARY SON OF LATE HARI CHOUDHARY RESIDENT OF VILLAGE- SARMASPUR, GORADIH ROAD, PSLODIPUR, DISTT- BHAGALPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Mishra For the State :

Mr.Nagendra Prasad For the Informant :

Mr. Ranjan Kumar Jha :

Mr. Rana Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 02-08-2023 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Lodipur P.S. Case No. 229 of 2022, registered for the offences punishable under Sections 341, 323, 324, 307/34 of the Indian Penal Code.

3. As per allegation, the petitioner and co-accused Ritesh Chaudhary and Rahul Chaudhary assaulted the informant with sword on his head and he became injured.

4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is land dispute between the parties. There is case and counter case. Both the parties have suffered grievous

Patna High Court CR. MISC. No.38878 of 2023(2) dt.02-08-2023 2/2 injuries and the informant in counter case against whom there is allegation to cause grievous injuries to the injured persons, has been granted anticipatory bail by the co-ordinate Bench of this Court vide order dated 28.06.2023 in Criminal Appeal (SJ) No. 712 of 2023.

5. On the other hand, the learned counsel for the informant has opposed the prayer for bail and submitted that the case of the petitioner cannot be equated with the case of the informant. He has submitted further that the weapon used by this petitioner is sword, etc. There is case and counter case. Both the parties have suffered grievous injuries.

6. Considering the above-mentioned facts and circumstances, the petitioner above-named, in the event of his arrest or surrender, within four weeks from today, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Lodipur P.S. Case No. 229 of 2022, subject to condition as laid down under section 438(2) Cr. P.C.

(Nawneet Kumar Pandey, J) Nirmal/- U T