Surendra Choudhary @ Rijhan Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37024 of 2023 Arising Out of PS. Case No.-391 Year-2022 Thana- PAKARIBARAW District- Nawada ====================================================== Surendra Choudhary @ Rijhan Choudhary Son of Jagdish Choudhary @ Jagdish Pasi R/o Village - Aruri, P.S. - Parkaribarwan, Distt. - Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kumar For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 341, 323, 325, 307, 324, 504/34 of the Indian Penal Code. Later on Section 302 of I.P.C. was added. The allegation against the accused persons including the petitioner is that they assaulted the informant's side by means of several weapons due to which they sustained injuries. The grand father of the informant died during course of treatment. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case due to enmity and dirty village politics. The allegation levelled against the petitioner is not specific rather general and

Patna High Court CR. MISC. No.37024 of 2023(4) dt.11-10-2023 2/2 omnibus in nature. There is no specific overt Act agaist the petitioer. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. The other co-accused persons have already been enlarged on bail by another coordinate Bench of this Court vide order dated 10.01.2023 passed in Cr. Misc. No. 60481 of 2022 which is annexed as Annexure-2 of this petition. It is also submitted that petitioner is languishing in judicial custody since 24.08.2022.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Session Trial No. 69 of 2023 arising out of Parkaribarwan P.S. Case No. 391 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Nawada.

(Sunil Kumar Panwar, J) lata/- U T