Rakesh Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50100 of 2023 Arising Out of PS. Case No.-29 Year-2023 Thana- BADHAILA District- Rohtas ====================================================== 1.

RAKESH CHAUDHARY SON OF SRI BHAGWAN CHAUDHARY, RESIDENT OF VILLAGE- HARIBANSHPUR, PS- BAGHALIA, DISTTROHTAS AT SASARAM. 2.

SHAYAMLAL CHAUDHARY SON OF LATE BIHARI CHAUDHARY, RESIDENT OF VILLAGE- HARIBANSHPUR, PS- BAGHALIA, DISTTROHTAS AT SASARAM. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raghunandan Kumar Singh For the Opposite Party/s :

Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 11-08-2023 Heard the learned counsel for the petitioners as well as the learned Additional Public Prosecutor for the State.

2. The petitioners apprehend their arrest in connection with Baghaila P.S. Case No. 29 of 2023, registered for offence punishable under sections 341, 323, 324, 325, 307, 504 and 506/34 of the Indian Penal Code.

3. As per FIR, on 07.03.2023 at about 4:30 P.M., when the informant was going to market for purchasing goods/articles, the petitioners along with co-accused persons equipped with lethal weapons suddenly attacked him. Co-accused Rajesh Choudhary assaulted the informant on his

Patna High Court CR. MISC. No.50100 of 2023(2) dt.11-08-2023 2/3 head with iron rod and when his brother namely Vishal, his father Kishore Choudhry and his uncle Kamlesh Choudhary came to rescue him, they were also assaulted with Lathi and butt of the pistol. The informant and his brother were brought to Primary Health Centre, Rajpur for treatment from where they were referred to Sadar Hospital Sasaram and from where they were referred to P.M.C.H., Patna where their treatment was going on.

4. The learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. They are the persons of clean antecedents. There is case and counter case and the members of defense side have also suffered injury. There is no specific allegation against the petitioners side. The allegation is general and omnibus.

5 On the other hand, the learned APP has opposed the prayer for bail.

6. Considering the above-mentioned facts and circumstances as well as the clean antecedents of the petitioners, let them, in the event of their arrest or surrender, within four weeks from today, be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to

Patna High Court CR. MISC. No.50100 of 2023(2) dt.11-08-2023 3/3 the satisfaction of learned Additional Chief Judicial Magistrate, Rohtas at Sasaram in connection with Baghaila P.S. Case No. 29 of 2023, subject to condition as laid down under section 438(2) Cr. P.C.

(Nawneet Kumar Pandey, J) Mahesh/- U T