Deepak Choudhary @ Deepak Kumar Choudhary @ Deepak Kumar @ Deepuku Choudhary @ Deepu Kumar Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57560 of 2024 Arising Out of PS. Case No.-113 Year-2024 Thana- BAHERA District- Darbhanga ====================================================== Deepak Choudhary @ Deepak Kumar Choudhary @ Deepak Kumar @ Deepuku Choudhary @ Deepu Kumar Choudhary Son of Late Mahakant Choudhary Resident of Village - Habiguar (Behouar), P.S.- Bahera, District - Darbhanga (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vinay Kumar Mishra, Adv For the Opposite Party/s :
Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-08-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Bahera P.S. Case No. 113 of 2024 dated 26.03.2024 registered for the offences punishable u/s 341, 323, 324, 324, 385, 386, 379 and 34 of the I.P.C and Section 37 of Bihar Prohibition and Excise Act.
3. As per the prosecution case, on 26.03.2024 the petitioner along with his 3 to 5 assistance came in the shop of the informant's brother in intoxicated condition and started assaulted the informant and his brother. On being objected by
Patna High Court CR. MISC. No.57560 of 2024(2) dt.12-08-2024 2/3 the informant, the petitioner demanded extortion money on the point of knife. It is further alleged that the petitioner attacked on the face of the informant with knife and fractured his right hand. The petitioner took away the cash of Rs. 4200/- from the shop.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The injuries which are sustained by the informant and his brother are simple in nature. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has two criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 27.03.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation levelled against the petitioner and the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Darbhanga in connection with Bahera P.S. Case No. 113 of 2024.
Patna High Court CR. MISC. No.57560 of 2024(2) dt.12-08-2024 3/3
7. The application stands allowed.
(Chandra Prakash Singh, J) Jyoti/- U T