Shankar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6898 of 2021 Arising Out of PS. Case No.-145 Year-2020 Thana- KAUWAKOL District- Nawada ====================================================== SHANKAR CHOUDHARY S/O LATE FAGUNI CHOUDHARY RESIDENT OF VILLAGE-SEKHO DEORA, P.S.-KAUWAKOL, DISTRICT-NAWADA.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Najmul Hodda For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 02-02-2022 Heard Mr. Abdul Mannan Khan, the learned counsel for the petitioner for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Kauwakol P.S. Case No. 145 of 2020 instituted for the offences under Sections 341, 307, 447 and 34 of the Indian Penal Code.

The petitioner amongst others is said to have assaulted many persons of the family of the informant as also the informant.

The informant has received injuries on his head. The nature of such injury has not yet been received.

Patna High Court CR. MISC. No.6898 of 2021(4) dt.02-02-2022 2/3 The learned counsel for the petitioner has submitted that though there is reference of many persons having been assaulted in the F.I.R. but according to his instruction, only Manoj Choudhary has been injured. Considering the aforesaid submissions made on behalf of the petitioner, case diary was called for vide order dated 21.12.2021 and the petitioner was granted provisional bail.

The diary however indicates that apart from Manoj Chaudhary, two other persons were also injured but both of them have received simple injuries. So far as the injury to Manoj Chaudhary is concerned, it is a lacerated wound of 3" x 1" on the right parietal area with bleeding from nose and mouth but the opinion regarding the same has been reserved pending further medical investigation.

There is no indication in the case diary that any such report regarding final assessment of nature of injury has been received as yet.

There is a delay of four days in lodging the First Information Report and there is a pending dispute between

Patna High Court CR. MISC. No.6898 of 2021(4) dt.02-02-2022 3/3 Manoj Chaoudhary, the informant and his brother and the petitioner has falsely been implicated in this case because of his having sympathies for the other side.

Considering the afore-noted facts, the provisional bail granted to the petitioner by order dated 21.12.2021, is hereby confirmed.

The petitioner shall remain on the same bail bonds. The application stands allowed.

(Ashutosh Kumar, J) sunilkumar/- U T