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Patna High CourtCR. MISC./32363/2022allowed

Fantush Chaudhary @ Sanjay Chaudhary v. The State Of Bihar

2022-12-05Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32363 of 2022 Arising Out of PS. Case No.-190 Year-2020 Thana- SILAO District- Nalanda ====================================================== FANTUSH CHAUDHARY @ SANJAY CHAUDHARY S/o Karu @ Bantha Chaudhary R/o Village- Dharahara, P.s.- Silao, District- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar Chaudhary, Adv.

For the Opposite Party/s :

Mr.Shantanu Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-12-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner apprehends his arrest in a case registered for offence punishable u/s 341, 323, 324, 326, 307, 379, 504, 34 of IPC.

Allegedly, on account of some altercation, the accused persons named in F.I.R. including the petitioner abused the complainant's brother. Co-accused Karu stabbed informant's brother with Hasuli.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to enmity. No such occurrence, in the manner as alleged, has ever taken place. The allegations against the petitioner are general, vague and

Patna High Court CR. MISC. No.32363 of 2022(3) dt.05-12-2022 2/2 omnibus in nature. It is further submitted that the petitioner and the informant are co-villager, but due to dirty politics, the name of the petitioner was dragged in the instant case. There is no specific overt act against the petitioner. There is specific allegation against the co-accused Karu @ Bandha Chaudhary of assaulting the informant's brother with hasuli. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since there is no specific allegation against the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Silao P.S. Case No.190 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T