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Patna High CourtCR. MISC./3661/2021allowed

Sakal Chaudhary @ Sakal Chaudhari v. The State Of Bihar

2021-03-16Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3661 of 2021 Arising Out of PS. Case No.-79 Year-2020 Thana- WAJIRGANJ District- Gaya ====================================================== SAKAL CHAUDHARY @ SAKAL CHAUDHARI son of Sidheshwar Chaudhary Resident of Village- Wazidpur, P.S.- Wazirganj, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mrigendra Kumar Mr.Ramashish For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-03-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, office will place the matter before the Bench. The petitioner seeks bail in connection with Wazirganj P.S. Case No.79/2020, registered for the offence punishable under Sections 302/ 323/34 of the Indian Penal Code . As per the prosecution case, it is alleged by the informant that his younger brother was quarreling with his wife at the door of the house when the accused persons including the present petitioner came there and asked them not to quarrel. His brother did not agree to them upon which they assaulted the informant's

Patna High Court CR. MISC. No.3661 of 2021(2) dt.16-03-2021 2/2 side who were present there and they killed the father of the informant who came there to intervene.

It is submitted by learned counsel for the petitioner that petitioner is innocent and has not committed any offence as alleged in the FIR and has been falsely implicated in this case due to village politics. He submits that from perusal of the FIR, it is apparent that the deceased was very old person and there is no specific allegation of overtact rather the allegation levelled against the petitioner is general and omnibus in nature. The petitioner has no criminal antecedent as mentioned in para-3 of the application and has been languishing in custody since 13.06.2020.

Learned APP for the State opposed the bail petition. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below in connection with Wazirganj P.S. Case No.79/2020.

(Anjani Kumar Sharan, J) pallavi/- U T