Kamakhya Narayan Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36236 of 2020 Arising Out of PS. Case No.-182 Year-2020 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Kamakhya Narayan Chaudhary, S/o Ramdayal Choudhary R/o VillageBelaur, P.S.- Udwantnagar, District-Bhojpur. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Ajay Kumar Singh, Advocate For the Opposite Party :

Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 26-05-2021 Heard learned counsel for the petitioner and learned counsel for the State via video conferencing. 2.

The petitioner seeks pre-arrest bail in connection with Udwant Nagar P.S. Case No.182 of 2020 registered under Sections 341, 323, 447, 337, 338, 307 read with 34 of the Indian Penal Code and Section 27 of the Arms Act. 3.

It is contended by the learned counsel for the petitioner that there is case and counter case. The allegations made in the first information report are omnibus and general. The co-accused Jai Prakash Chaudhary, Ravinandan Chaudhary, Vijay Narayan Chaudhary and Ruchi Kumari having more or less identical allegations have already been granted bail by the learned Additional Sessions Judge-XIV, Bhojpur vide order dated 11.09.2020 in ABP No.1681 of 2020.

Patna High Court CR. MISC. No.36236 of 2020(2) dt.26-05-2021 2/3 4.

Learned counsel for the State has opposed the application for grant of pre-arrest bail to the petitioner. 5.

Considering the nature of allegation made in the first information report and the submissions made before the Court as also the order granting bail to some of the co-accused persons by the court below itself, the petitioner is directed to be released on bail in the event of his arrest or surrender 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 Chief Judicial Magistrate, Bhojpur at Ara in connection with Udwant Nagar P.S. Case No. 182 of 2020 subject to the condition as laid down under Section 438 of the Code of Criminal Procedure.

6.

Since the court proceedings are being conducted through virtual mode and normal court functioning has not been restored till date, it is considered appropriate to adopt the following procedure for communication of the present order:- (i) The order, which has been dictated during the course of proceeding of the virtual court, shall be communicated to me electronically by the Joint Registrar-cum-Addl. PPS.

(ii) The corrected copy of the order shall be transmitted

Patna High Court CR. MISC. No.36236 of 2020(2) dt.26-05-2021 3/3 by me to the Joint Registrar-cum-Addl. PPS electronically, which shall be treated to be an authentic copy of the order passed by this Court in the present proceeding.

(iii) Hard copy of the order duly signed by me shall be preserved in my residential office for documentation and future use, if any.

(iv) Let steps be taken by the Joint Registrar-cum-Addl. PPS/registry for up-loading of the present order without compromising with the norms of social distancing.

sanjeet/- (Ashwani Kumar Singh, J.) U T