Bishun Chaudhari @ Bishundeo Chaudhari @ Vishnudeo Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51588 of 2021 Arising Out of PS. Case No.-468 Year-2020 Thana- AURANGABAD TOWN DistrictAurangabad ======================================================

1. Bishun Chaudhari @ Bishundeo Chaudhari @ Vishnudeo Choudhary, age 62 years, son of late Ram Deo Chaudhari,

2. Nipu Chaudhari @ Raj Kumar Chaudhary, age 35 years, son of Bishun Chaudhari @ Bishundeo Chaudhari, both resident of village Shahpur Tikri road, Police Station Aurangabad town, District Aurangabad. ... ... Petitioner

Versus

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

For the Petitioner/s :Mukul Kumari, Advocate For the Opposite Party/s : Mr.Dr.Mrityunjaya Kr.Gautam, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-01-2022 Heard learned counsel for the petitioners and the State.

The petitioners seek bail in a case registered for the offence under Sections 302, 323, 341, 324, 147, 148, 149 of the Indian Penal Code.

As per the prosecution case, on the instigation of the petitioners and other accused persons, co-accused Dun Kahar, Arun Kahar and his cousin caused stab injuries to the son of the informant causing his death.

Learned counsel for the petitioners submits that at best the petitioners can be said to be the instigator and not the assailants of the deceased as it was co-accused Dun Kahar, Arun

Patna High Court CR. MISC. No.51588 of 2021(2) dt.25-01-2022 2/2 Kahar and his cousin caused who caused stab injuries to the son of the informant causing his death. Petitioners claims clean antecedent and they are in custody since 7.4.2021 and 10.3.2021 respectively.

However, learned A.P.P. for the State opposed the bail petition.

Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioners is allowed. Let both the petitioners, as named above, 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 the Additional Sessions Judge XII, Aurangabad in Aurangabad Nagar Police Station Case No. 468 of 2020.

(Prabhat Kumar Singh, J) Shashi U T