Sudhanshu Choudhary @ Sudhanshu Kumar Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53306 of 2022 Arising Out of PS. Case No.-262 Year-2022 Thana- AMARPUR District- Banka ====================================================== 1.
SUDHANSHU CHOUDHARY @ SUDHANSHU KUMAR CHOUDHARY SON OF BIPIN CHOUDHARY R/O VILLAGE- RAMPUR, P.S.- AMARPUR, DISTRICT- BANKA 2.
PRAMANSHU CHOUDHARY SON OF BIPIN CHOUDHARY R/O VILLAGE- RAMPUR, P.S.- AMARPUR, DISTRICT- BANKA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Brij Nandad Prasad, Adv.
For the Opposite Party/s :
Mr.Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 17-01-2023 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in connection with Amarpur P.S. Case No. 262 of 2022 instituted under Sections 341, 323, 307, 379, 504 of the Indian Penal Code. As per the prosecution story, the allegation is that two petitioners intercepted him and later allegation against petitioner No. 2, Pramanshu Choudhary is of assaulting him on his head causing injury. Further allegation is of snatching golden necklace. Accordingly, the FIR was lodged. Learned counsel for the petitioners submit that both are young persons, do not have criminal antecedent and further
Patna High Court CR. MISC. No.53306 of 2022(2) dt.17-01-2023 2/3 the Doctors have found the injury of Jayant Chaudhary (informant) to be simple in nature. He further submits that the petitioners intend to pay Rs. 15,000/- towards medical assistance to the informant through Demand Draft issued by the local State Bank of India branch to be submitted before the 'NAZARAT' of concerned court to be handed over to the informant after checking the credentials.
Learned APP on the other hand submits that petitioner No. 2 had given blow on the head of the informant and as such opposes the prayer for bail.
Taking into account the aforesaid facts as also that both the petitioners are young aged 25 and 22 years respectively, do not have criminal antecedent and the injury on the informant has been found to be simple in nature, this Court is inclined to grant them relief subject to payment of Rs. 15,000/-, as stated above.
Let the petitioners be released on bail, in the event of their arrest or surrender before the subordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each in connection with Amarpur P.S. Case No. 262 of 2022 to the satisfaction of
Patna High Court CR. MISC. No.53306 of 2022(2) dt.17-01-2023 3/3 learned Chief Judicial Magistrate, Banka, subject to the conditions as laid down under Section 438(2) of the Cr.P.C with condition :
(i) the petitioner(s) shall be visiting the concerned police station for next six months every fortnight . (Rajiv Roy, J) Prakash Narayan /Ajay Singh/- U T