Bhola Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47955 of 2021 Arising Out of PS. Case No.-27 Year-2021 Thana- DEO District- Aurangabad ====================================================== BHOLA CHAUDHARY S/o LATE BAL GOVIND CHAUDHARY R/o VILLAGE-NAKTI, P.S-DEO, DISTRICT-AURANGABAD (BIHAR). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Leelawati Kumari For the Opposite Party/s :

Mr. Pramod Kumar Pandey Mr. Rajesh Kumar Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-01-2022 Heard learned counsel for the petitioner, the State and the informant.

Petitioner seeks regular bail in a case registered for the offence punishable under Section 302 and some other allied of the Indian Penal Code.

As per the prosecution case, this petitioner along with other accused persons armed with Tangi, Bhala, rod and Danda came and assaulted the informant and his family members, due to which they sustained injuries. Ravindra Choudhary sustained head injury and died during the course of treatment. Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. There is case and counter case in which both side

Patna High Court CR. MISC. No.47955 of 2021(3) dt.20-01-2022 2/2 sustained injuries. There is no specific allegation against this petitioner and during the course of investigation injured witnesses, including the wife of deceased, have specifically disposed that co-accused, Saroj Choudhary assaulted the deceased. Similarly situated accused Ranju Devi and others have already been granted anticipatory bail by a co-ordinate Bench of this court vide order dated 15.11.2021 passed in Cr. Misc. No. 44685/2021. Petitioner claims clean antecedent and is in custody since 09.04.2021 and investigation in this case is complete.

Learned counsel appearing for the State and the informant vehemently opposed the prayer for bail. Considering the facts of the case and the period of custody of the petitioner, let the petitioner, above named, 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 Chief Judicial Magistrate, Aurangabad in connection with Deo PS case No.27/2021.

(Prabhat Kumar Singh, J) BKS/- U T