Nagendra Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36819 of 2019 Arising Out of PS. Case No.-137 Year-2019 Thana- MAKHDUMPUR District- Jehanabad ====================================================== NAGENDRA CHAUDHARY Son of Ram Briksh Chaudhary @ Ram Vritra Chaudhari Resident of Village - Machhil, P.S.- Makhdumpur, Dist.- Jehanabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Kumar For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 17-06-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 147, 148,149, 452, 323, 324, 325, 326, 380, 504 and 506 IPC registered in connection with Makhdumpur P.S. Case No. 137 of 2019.

3. It is submitted that the petitioner has been falsely implicated and there is case and counter case between the parties. The accusation of assault with gharasa by the petitioner is not supported by the injury report which discloses lacerated injury on the hand caused by hard and blunt substance. The accusation of assault by other co-accused Manohar Choudhary has also not supported by the injury report as the injury report discloses only one injury. The petitioner claims clean antecedents.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned SDJM, Jehanabad, in connection with Makhdumpur P.S. Case No. 137 of

Patna High Court CR. MISC. No.36819 of 2019(2) dt.17-06-2019 2/2 2019 subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions: i. That one of the bailors shall be a close relative of the petitioner. ii. That the petitioner shall not indulge in any similar offence till conclusion of the trial.

iii. That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

iv. The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/- U T