Akalu Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40469 of 2020 Arising Out of PS. Case No.-115 Year-2020 Thana- RANIYATALAB District- Patna ====================================================== AKALU CHAUDHARY, S/o Late Suar Chaudhary, R/o village- Amerabad, P.S.- Rani Talab, Distt.- Patna ... Petitioner

Versus

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

For the Petitioner :

Mr. Vijay Kumar Sinha, Adv.

For the Opposite Party :

Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 24-07-2021 As prayed for, through video conferencing, let the learned counsel for the petitioner remove the defect(s), as pointed out by the office vide it's note, dated 28.12.2020, within four weeks of starting of the Court proceeding in physical mode properly.

Heard the parties through video conferencing. The petitioner seeks pre-arrest bail in connection with Rani Talab P.S. Case No. 115 of 2020 (G.R. No. 1633 of 2020), registered under Sections 341, 323, 324, 307, 504 and 506/34 of the Indian Penal Code.

The accusation is that on 25.05.2020, Shreelal Chaudhary was present near palm tree, near Andheri Mathia, Gauraiya Baba, at that time Aklu Chaudhary (petitioner) and his son, Shrikant Chaudhary, came near the informant and started to abuse. When informant, Shreelal Chaudhary, made protest, then, Shrikant Chaudhary gave fasuli blow causing cut injury in the right wrist and the finger. When his wife rushed to save

Patna High Court CR. MISC. No.40469 of 2020(2) dt.24-07-2021 2/2 him, then, Aklu Chaudhary (petitioner) caused injury to her through lathi.

Submission is that it would appear from the order, dated 01.10.2020, whereunder the prayer of pre-arrest bail of the petitioner has been refused vide A.B.P. No. 4090 of 2020 by the Court of the Additional Sessions Judge, II, Danapur, Patna, that only injury was found on the person of the informant not on the person of the wife of the informant and the petitioner is not the author of the injury, sustained by the informant. The petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of arrest/surrender, within a period of four weeks from today, in connection with Rani Talab P.S. Case No. 115 of 2020 (G.R. No. 1633 of 2020) shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, II, Danapur, Patna, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code.

(Rajendra Kumar Mishra, J) Shamshad/- U T