← Library
Patna High CourtCR. MISC./41050/2024bail granted

Raja Kumar Choudhary @ Raja Choudhary v. The State Of Bihar

2024-07-31Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41050 of 2024 Arising Out of PS. Case No.-436 Year-2023 Thana- KORHA District- Katihar ====================================================== 1.

Raja Kumar Choudhary @ Raja Choudhary S/o Late Sikandar Choudhary R/o Village-Madhura Milik, P.S.-Kohra, District-Katihar 2.

Ravi Choudhary S/o Sikandar Choudhary R/o Village-Madhura Milik, P.S.- Kohra, District-Katihar ... ... Petitioner/s

Versus

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

For the Petitioners :

Mr. Rajendra Prasad Sah, Advocate For the State :

Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-07-2024 Heard learned counsels for the parties.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 324, 307, 504, 506 and 34 of the Indian Penal Code.

3. As per prosecution case, on the alleged date and time of occurrence, Petitioner No. 1 assaulted informant with Kachiya, due to which he sustained injuries and Petitioner No. 2 caught hold of him. Thereafter, when wife of informant came to rescue him, she was also assaulted.

4. It is submitted by learned counsel appearing on behalf of the petitioners that both parties are agnates and due to petty dispute over tying she goat, an altercation took place

Patna High Court CR. MISC. No.41050 of 2024(3) dt.31-07-2024 2/2 between them. It is further submitted that though there is allegation of assault against these petitioners, however, there is no injury report on record to substantiate the allegations. Petitioners claim clean antecedents.

5. Learned A.P.P. for the State has opposed the prayer for grant of anticipatory bail to the petitioners.

6. Considering the aforesaid facts and circumstances, nature of accusation and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.

7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Katihar, in connection with Korha P.S. Case No. 436 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

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