Jai Prakash Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54003 of 2024 Arising Out of PS. Case No.-498 Year-2023 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== Jai Prakash Choudhary son of Late Dhanik Lal Choudhary @ Dhanik Choudhary Village- Basaha Terasi Tola Ps- K. Nagar Dist- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar Ambastha, Advocate For the Opposite Party/s :

Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in K. Nagar P.S. Case No. 498 of 2023, instituted for the offences punishable under Sections 147, 341, 323, 324, 325, 307, 379, 504 and 506 of the Indian Penal Code.

3. The prosecution case, in short, is that, the petitioner along with other co-accused persons armed with weapons entered in the house of the informant and started assaulting her husband. The petitioner gave dabiya blow on the head of her husband with an intention to kill him.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.54003 of 2024(2) dt.07-08-2024 2/2 present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner further submitted that there is case and counter case between the parties. The counter case is numbered as K. Nagar P.S. Case No. 504 of 2023. As per injury report, the husband of the informant sustained simple injuries caused by hard and blunt object. The petitioner is in custody since 19.01.2024 and has got no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, case and counter case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with K. Nagar P.S. Case No. 498 of 2023.

(Rudra Prakash Mishra, J) Rajorshi/- U T