Lakhendra Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39461 of 2024 Arising Out of PS. Case No.-132 Year-2023 Thana- NAWADA MUFFASIL District- Nawada ====================================================== LAKHENDRA CHAUDHARY S/O SRI BINDA CHAUDHARY R/O - VILLAGE PANSHALLA PS MUFFASSIL DISTRICT NAWADA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Raj Kishor Prasad, Advocate For the State :
Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in Muffasil P.S. Case No. 132 of 2023, registered for the offence punishable under Sections 341, 323, 307, 448, 504, 506 and 34 of the Indian Penal Code.
3. As per prosecution case, on 10.05.2023 at about 10 PM, this petitioner and co-accused Lalu Kumar abused and assaulted son of informant, namely Vikash Kumar, by means of iron rod on his head while he was standing outside his house. It is further alleged that co-accused Lalu Kumar also assaulted wife of informant, namely Kaliya Devi, by means of iron rod on her hands.
4. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.39461 of 2024(2) dt.23-08-2024 2/2 behalf of the petitioner that F.I.R. has been lodged after delay of 13 days, which itself creates doubt over the allegations made in the F.I.R.. It is further submitted that as per F.I.R., this petitioner is only alleged to have given single blow on head of son of informant and there is no repetition of assault. Moreover, charge-sheet has already been submitted. Petitioner has got clean antecedents and he is in custody since 14.03.2024.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, period of custody and clean antecedents of the petitioner, the prayer for bail of petitioner is allowed.
7. Accordingly, let the above named petitioner 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 A.C.J.M., I, Nawada, in connection with Muffasil P.S. Case No. 132 of 2023.
(Prabhat Kumar Singh, J) shashank/- U T