Dhannu Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54715 of 2021 Arising Out of PS. Case No.-2 Year-2020 Thana- TELHARA District- Nalanda ====================================================== DHANNU CHAUDHARY SON OF JATAN CHAUDHARY @ RAM JATAN CHAUDHARY R/O VILLAGE- KOTHRI, P.S.- TELHARA, DIST.- NALANDA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Mukherjee, Adv.

For the Opposite Party/s :

Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 22-01-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and the learned A.P.P. for the State through video conferencing. The petitioner seeks bail in connection with Telhara P.S. Case No. 02 of 2020 registered for the offence under Sections 341, 323, 324, 354, 379, 504/34 of the Indian Penal Code and further the case was found to be true in the supervision of police under Sections 341, 323, 324, 307, 326, 504, 337/34 of the Indian Penal Code.

The informant and her husband are said to have been assaulted by the petitioner and others as a result of

Patna High Court CR. MISC. No.54715 of 2021(2) dt.22-01-2022 2/3 which both of them have sustained injuries.

Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has falsely been implicated in this case. As a matter of fact, the parties are next door neighbourer and on account of some dispute, an altercation took place between them in which both the parties have sustained injuries. He further submits that altogether six persons of same family including the female members have been named in the F.I.R. with general and omnibus allegations. No specific allegation of assault is attributed to the petitioner. Moreover, the coaccused, namely, Ramnath Chaudhary, has already been granted bail by court below itself. The petitioner is rotting in judicial custody since 13.07.2021.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Hilsa (Nalanda) in connection with Telhara P.S. Case No. 02 of 2020 with the

Patna High Court CR. MISC. No.54715 of 2021(2) dt.22-01-2022 3/3 following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) brajesh/- U T