Shiv Prakash Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 46085 of 2022 Arising Out of PS. Case No.-276 Year-2022 Thana- PHULWARISHARIF District- Patna ====================================================== SHIV PRAKASH CHAUDHARY Son of Late Buddhan Chaudhary @ Budhan Chaudhary R/v- Nizampur, Adhana P.O- Shorampur, P.S- Janipur, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mritunjay Kumar, Adv.

For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-02-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 341, 302, 323, 504, 506, 447/34 of the Indian Penal Code.

Allegedly, petitioner along with other co-accused persons abused and assaulted the informant along with his father and brother, as a result of which the father of the informant sustained injuries and he succumbed to death.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to village politics. The allegation levelled against the petitioner is not specific rather general and omnibus in

Patna High Court CR. MISC. No. 46085 of 2022(4) dt.06-02-2023 2/2 nature. It is further submitted that the father of the informant died due to natural death and petitioner is nowhere involved in the alleged occurrence. He further submits that from the perusal of the postmortem report, it is evident that the cause of death of the informant's father is asphyxia as a result of aspiration of food material in the respiratory tract. Petitioner has no criminal antecedent as mentioned in para-3 of this application. Learned APP for the State opposed the prayer for bail.

Having regard to the facts and circumstances of the case, since the postmortem report has not supported the prosecution case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, 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 where the case is pending/successor Court in connection with Phulwarisharif (Janipur) P.S. Case No. 276 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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