Jogendra Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37264 of 2023 Arising Out of PS. Case No.-719 Year-2022 Thana- WAJIRGANJ District- Gaya ====================================================== 1.

JOGENDRA CHAUDHARY S/O BINESHWAR CHAUDHARY R/O Village- Mahuat, P.S- Wazirganj, Distt.- Gaya. 2.

Sudhir Chaudhary S/O Bineshwar Choudhary R/O Village- Mahuat, P.SWazirganj, Distt.- Gaya. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vishwa Ranjan Choudhary, Adv.

For the Opposite Party/s :

Mr.Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-08-2023 Heard the parties.

2. The petitioners apprehend their arrest in a case registered for the offence punishable u/s 341, 323, 337, 307, 379, 354/34 of the IPC.

3. As per the prosecution case, the accused persons including the petitioners are said to have assaulted the informant and when Rajendra Yadav came to save him, the co-accused Yogendra Choudhary assaulted him with iron rod. The accused persons also assaulted the mother of the informant.

4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to

Patna High Court CR. MISC. No.37264 of 2023(3) dt.17-08-2023 2/2 ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. For the alleged occurrence, there is case and counter-case between the parties and both sides have sustained injuries, which were found simple in nature, as is clear from the impugned order itself. Petitioners have no criminal antecedent, which has been mentioned in the supplementary affidavit.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, since the injuries are simple in nature, let the above named petitioners, be released on bail, in the event of their 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) each 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 Wazirganj P.S. Case No.719 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T