Ganesh Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57571 of 2023 Arising Out of PS. Case No.-81 Year-2023 Thana- BUNIYAD GANJ District- Gaya ====================================================== 1.
GANESH CHAUDHARY SON OF LATE LAKHAN CHAUDHARY RESIDENT OF VILLAGE HEAD MANPUR, TAKIA, PSBINIYADGANJ, DISTT- GAYA , BIHAR 2.
VILENDRA CHAUDHARY @ BIRENDRA @ BHUSHAN CHAUDHARY SON OF NARESH CHAUDHARY RESIDENT OF VILLAGE HEAD MANPUR, TAKIA, PS- BINIYADGANJ, DISTT- GAYA , BIHAR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Madhav Kumar For the Opposite Party/s :
Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-09-2023 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have prayed for regular bail in a case instituted for the offence under Sections 147, 148, 448, 341, 342, 323, 325, 307, 506/379 added Section 302 of the Indian Penal Code.
3. The allegation against the petitioners along with others is of brutally assaulting the informant and his family members in intoxicating condition and looted ornaments, cash and other valuable articles. It is further alleged that due to brutally assault Md. Naim Khan died, during course of
Patna High Court CR. MISC. No.57571 of 2023(2) dt.01-09-2023 2/3 treatment.
4. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case due to dirty village politics. They have committed no offence. There is general and omnibus allegation against the petitioners. There is no specific overt act against the petitioners. He submitted that the deceased had gone through a surgical operation in his stomach two months prior to this alleged incidence and further he was a patient of heart and asthama. It is pertinent to mention here that the petitioners were totally unaware of the medical condition of the deceased. He further submitted that the other co-accused have already been granted bail by this Bench vide order dated 25.08.2023 passed in Cr. Misc. No. 53717 of 2023. They are languishing in judicial custody since 13.03.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the
Patna High Court CR. MISC. No.57571 of 2023(2) dt.01-09-2023 3/3 satisfaction of the learned Court below in connection with Buniyad Ganj P.S. Case No. 81 of 2023.
(Sunil Kumar Panwar, J) arish/- U