Kesar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57569 of 2022 Arising Out of PS. Case No.-8 Year-2022 Thana- ANTI District- Gaya ====================================================== Kesar Chaudhary, aged about 50 years, Male, Son of Late Lakhan Chaudhary Resident of Village - Kalyanpur, P.S.- Aanti, District - Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sudhir Kumar Sinha, Adv.

For the Opposite Party/s :

Ms. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 18-01-2023 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Aanti P.S. Case No. 08/2022 registered for the offence punishable under Sections 147, 148, 149, 342, 325, 307, 448, 379 of the Indian Penal Code (for brevity 'IPC').

There is allegation that fifteen (15) named accused have assembled, variously armed in front of the informant's house and have indulged in indiscriminate assault.

Learned counsel for the petitioner submits that there are two versions to the occurrence; counter version is to be found in Aanti P.S. Case No. 08 of 2022 lodged by accused No. 4 of the instant case. The First Information Report (for brevity 'F.I.R.') manifest the motive leading to the free fight between the parties being proprietary claim over the 'rasta' lying to east of the farm. The petitioner has no criminal antecedents and he is in custody since 30.05.2022. Learned APP for the State has opposed the prayer for bail.

Patna High Court CR. MISC. No.57569 of 2022(2) dt.18-01-2023 2/2 Considering the rival submissions, period of custody, this Court, for the purposes of grant of bail, is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Gaya, in connection with Aanti P.S. Case No. 08/2022, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii)That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) rajkishore/- U T