Manoj Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53968 of 2024 Arising Out of PS. Case No.-168 Year-2023 Thana- AMDABAD District- Katihar ====================================================== Manoj Chaudhary S/O Late Ramji Chaudhary R/O Village-Kaswa tola, Gaday Diyara ward no.11,PS-Amdabad, Distt-Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md Musowir, Adv.

For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 31-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Amdabad P.S. Case No. 168 of 2023 dated 01.07.2023, lodged under Sections 147, 148, 149, 341, 323, 307, 302, 504 of the Indian Penal Code.

3. As per the prosecution case, FIR has been lodged against eleven named accused persons including the present petitioner against whom there is an allegation that they have assaulted the husband and other family members of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that the specific allegation is against accused

Patna High Court CR. MISC. No.53968 of 2024(2) dt.31-07-2024 2/3 Rajesh Chaudhary who has alleged to attack by lathi and danda on the head of the informant's husband due to which the blood was oozing out from his head and subsequently, he fell down and died. Counsel further submits that except Rajesh Chaudhary, the allegation against other accused persons are general and omnibus and there is no act or overt act against anyone.

5. Learned counsel for the petitioner submits that the criminal antecedent of the petitioner is clean and he is in custody since 25.05.2024.

6. Upon specific query of the Court from the counsel for petitioner that whether charge has been framed in this case or not, counsel submits that as per his knowledge, charge has not been framed in this case.

7. Learned APP for the State opposes the prayer for bail of the petitioner.

8. In the present facts and circumstances of this case, let the petitioner above named be granted bail, but only after framing of charge, if not framed on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Katihar in connection with Amdabad P.S.

Patna High Court CR. MISC. No.53968 of 2024(2) dt.31-07-2024 3/3 Case No. 168 of 2023, subject to the conditions as laid down U/s 437(3) Cr.P.C.

(Dr. Anshuman, J) Divyansh/- U T