Shankar Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53717 of 2023 Arising Out of PS. Case No.-81 Year-2023 Thana- BUNIYAD GANJ District- Gaya ====================================================== 1.
SHANKAR CHAUDHARY Son of Late Mahesh Chaudhary Resident of village - Hed Manpur, P.s. - Buniyad Ganj, Distt. - Gaya 2.
Mukesh Kumar @ Mukesh Choudhary Son of Late Mahesh Chaudhary Resident of village - Hed Manpur, P.s. - Buniyad Ganj, Distt. - Gaya ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vishwa Ranjan Choudhary For the Opposite Party/s :
Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-08-2023 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
Patna High Court CR. MISC. No.53717 of 2023(2) dt.25-08-2023 2/3 and other valuable articles. It is further alleged that due to brutally assault Md. Naim Khan died, during course of 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. From the perusal of the impugned order, it appears that there is general and omnibus allegation against the petitioners rather the specific allegation against co-accused Ganesh Choudhary, who assaulted the deceased by means of hockey stick in the abdomen, due to which, he succumbed to injury. There is no specific overt act against the petitioners. Petitioners have got no criminal antecedent as stated in para-3 of the bail petition. They are languishing in judicial custody since 06.06.2023.
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.53717 of 2023(2) dt.25-08-2023 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