Rajesh Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37183 of 2024 Arising Out of PS. Case No.-1951 Year-2023 Thana- NAWADA District- Nawada ====================================================== Rajesh Chaudhary Son of Late Mahendra Chaudhary Resident Of VillageBelisharif, P.S.- Nawada Nagar, District-Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheo Kumar Prasad, Advocate For the Opposite Party/s :

Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-07-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 341, 323, 289, 307 and 34 of the IPC in connection with Nawada Town P.S. Case No.1951 of 2023.

3. The learned counsel for the petitioner submits that petitioner has antecedent of one case and has been falsely implicated in the instant case by the informant. It is next submitted informant alleges that on 30.12.2023 while he was returning home after purchasing vegetable when the accused persons including the petitioner came variously armed with hockey stick, lathi and started abusing him, on protest Sanjay Chaudhary assaulted him by an iron rod, causing injury on head and thereafter when his son came to save him the petitioner is

Patna High Court CR. MISC. No.37183 of 2024(2) dt.01-07-2024 2/3 alleged to have provoked his pet dog to bite him and even tried to strangulate him by chain of the pet dog and when local people gathered, the accused fled away.

4. The learned counsel submits that petitioner has been falsely implicated in the instant case. It is also submitted that the occurrence took place in market place and the petitioner along with his dog were going home and the dog seeing the occurrence forcefully ran towards the place of occurrence and in the confusion it bit the son of the informant. It is thus submitted that it was not an intentional act on part of the petitioner. It is also submitted petitioner is not related or associated with Sanjay Chaudhary with whom informant had an altercation.

5. The learned APP opposes the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nawada in connection with Nawada Town P.S. Case No.1951 of 2023,

Patna High Court CR. MISC. No.37183 of 2024(2) dt.01-07-2024 3/3 subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T