Rahul Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9029 of 2021 Arising Out of PS. Case No.-474 Year-2020 Thana- AKBARPUR District- Nawada ====================================================== RAHUL CHAUDHARY SON OF NAGA CHAUDHARY @ RAJENDRA CHAUDHARY RESIDENT OF VILLAGE- GOSAI BIGHA, P.S.- AKBARPUR, DISTRICT- NAWADA. ... ... Petitioner
Versus
THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajendra Narain, Sr. Adv.
Mr. Sheo Kumar Prasad, Adv.
Mr. Umesh Kumar Roy, Adv.
Mr. Pratik Kumar, Adv Mr. Anant Kumar Sinha, Adv.
For the Opposite Party : Mr. Giridhar Gopal Tiwary, Adv. Mr. Arvnendra Kumar Thakur Mr. Satyendra Prasad Mr. Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 03-03-2022 Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.
Heard learned counsel for the petitioner as well as learned APP for the State.
The petitioner apprehends his arrest in connection with Akbarpur P.S. Case No. 474 of 2020, registered for the offences punishable under Sections 302, 34, 341, 323, 307 of the Indian Penal Code.
As per fardbeyan when the informant and Dharmen-
Patna High Court CR. MISC. No.9029 of 2021(5) dt.03-03-2022 2/3 dra Kumar Singh (deceased) were returning to their home after purchase of some domestic articles, their motorcycle became unbalanced due to tempo driven by the co-accused Naga Chaudhary. When Dharmendra Kumar asked as to why was he driving in such a way, on that, co-accused Surendra Yadav and Naga Chaudhary started assaulting Dharmendra Kumar. Meanwhile, Naga Chaudhary and Surendra Yadav called his family members who badly assaulted the informant and deceased. The specific allegation against the co-accused Naga Chaudhary is that he inflicted knife blows on the person of the deceased whereas the present petitioner also inflicted lathi blows on the person of the deceased.
Learned counsel for the petitioner has submitted that the specific allegation of inflicting knife blow is against co-accused Naga Chaudhary and the allegation against the present petitioner is merely that he assaulted the deceased with lathi. Learned counsel for the informant has submitted that multiple injuries have been found on the person of the deceased as mentioned in the order of learned Additional Sessions JudgeV, Nawada and cause of death is due to injuries sustained. He has further submitted that even the regular bail petition of co-accused, Naga Chaudhary, and other accused per-
Patna High Court CR. MISC. No.9029 of 2021(5) dt.03-03-2022 3/3 sons have been rejected.
Considering the above-mentioned facts and circumstances the present petitioner does not deserve the privileges of anticipatory bail. Accordingly, it is rejected. Office shall ensure that all defects are removed by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.
(Nawneet Kumar Pandey , J) SONALI/- U T