Ajay Chaudhary v. The State Of Bihar

Patna High Court Cr.Misc. No.3767 of 2016 (2) dt.12-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3767 of 2016 Arising Out of PS.Case No. -282 Year- 2014 Thana -KUDHNI District- MUZAFFARPUR ====================================================== Ajay Chaudhary, Son of Sri Darshan Chaudhary, resident of Village/Mohalla - Chhajan Uttarwari Tola, P.S. - Kudhani, District - Muzaffarpur.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Krishna Chandra, Advocate. For the Opposite Party : Mr. Sanjay Kr.Panday(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 12-04-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Kurhani P.S. Case No. 282/2014 registered for the offence punishable under Section 302/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that some altercation took place in the house of Chunnu Chaudhary for giving exchange of money and subsequently some accused persons assaulted his brother. It is further submitted that admittedly the informant is not an eyewitness of the occurrence and the name of the petitioner has surfaced along with others only on the basis of suspicion. It is further submitted that there is no

Patna High Court Cr.Misc. No.3767 of 2016 (2) dt.12-04-2016 specific allegation of assault made against this petitioner on deceased Chunnu Chaudhary. It has been further submitted that some other similarly situated accused persons have been extended the benefit of anticipatory bail in Cr. Misc. No.44554 of 2015 vide order dated 18.12.2015.

Considering the aforementioned facts and circumstances of the case, the nature of allegation made and also because the petitioner has clean antecedent, let the petitioner above named, in the event of his arrest or surrender before the Court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate 1st Class, Muzaffarpur in connection with Kurhani P.S. Case No. 282/2014 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjana Mishra, J.) Amit/- U T