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Patna High CourtCR. MISC./42541/2021bail granted

Arudh Chaudhary @ Anirudh Chaudhary v. The State Of Bihar

2022-01-06Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42541 of 2021 Arising Out of PS. Case No.-167 Year-2020 Thana- DHANAHA District- West Champaran ====================================================== ARUDH CHAUDHARY @ ANIRUDH CHAUDHARY Son of Ambika Chaudhary Resident of Village - Mausahari, Mallahtoli, P.S.- Dhanaha, District - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kr Singh No. 1, Advocate For the Opposite Party/s :

Mr.Narsingh Tanti, APP cat ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-01-2022 Heard the learned counsel appearing for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Dhanaha P.S. Case No. 167 of 2020 for the offence punishable under Sections 341, 323, 307, 379, 504 and 34 of the Indian Penal Code.

The petitioner and other accused persons are alleged to have arrived at the door of the house of the informant whereafter they had assaulted the informant. The petitioner is alleged to have inflicted a blow by iron rod on the head of the informant. The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, is having a clean antecedent and he is languishing

Patna High Court CR. MISC. No.42541 of 2021(2) dt.06-01-2022 2/3 in custody since 17.03.2021. The learned counsel for the petitioner has referred to Annexure-3 to the present petition which is the injury report of the informant namely Manager Chaudhary to submit that the injuries sustained by the informant have been found to be simple in nature. It is also submitted that on account of trivial dispute, the said occurrence had taken place and in fact the present case arises out of case and counter case.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner as also taking into account the fact that the injury found on the person of the informant, attributable to the petitioner herein, has been found to be simple in nature apart from the fact that the petitioner is having a clean antecedent and he is languishing in custody since a long time, I deem it fit and proper to direct for release of the petitioner on regular bail. Accordingly, the petitioner, above named, is directed to 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 Judicial Magistrate, Bagaha, West

Patna High Court CR. MISC. No.42541 of 2021(2) dt.06-01-2022 3/3 Champaran in connection with Dhanaha P.S. Case No. 167 of 2020.

(Mohit Kumar Shah, J) S.Sb/- U T