Pawan Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1002 of 2021 Arising Out of PS. Case No.-97 Year-2020 Thana- CHANDI District- Bhojpur ====================================================== PAWAN CHAUDHARY S/o Suresh Chaudhary Resident of Vill- Nirbirpur, P.S.- Chandi, Distt- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajani Ranjan Pd. Singh, Advocate For the Opposite Party/s :

MD. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-04-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding. 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, the office will place the matter before the Bench.

The petitioner seeks bail in connection with Chandi P.S. Case No. 97 of 2020 registered for the offence punishable under Sections 341, 323, 307, 332, 333, 353, 504, 506/34 of the Indian Penal Code.

As per the prosecution case, acting on a tip of the information that several accused persons were quarreling and assaulting each other, the informant along with other police

Patna High Court CR. MISC. No.1002 of 2021(3) dt.08-04-2021 2/3 personnel reached there and on his effort to settle down the quarrel he was assaulted by one of the accused persons by means of lathi and foot.

It is submitted by learned counsel for the petitioner that petitioner has falsely been implicated in this case and has not committed any offence as alleged in the FIR and the specific allegation against the co-accused Harendra Chaudhary who assaulted the informant causing injury to him. He submits that injury report goes to show that injury is simple in nature. No incriminating article has been recovered from his conscious physical possession. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner has no criminal antecedent as mentioned in Para 3 of the bail application and he is languishing in custody since 23.08.2020.

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 where the case is pending in connection with Chandi P.S. Case No. 97 of 2020.

Patna High Court CR. MISC. No.1002 of 2021(3) dt.08-04-2021 3/3 (Anjani Kumar Sharan, J) GAURAV S./- U T