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Patna High CourtCR. MISC./60276/2023allowed

Pulish Chaudhary @ Pulish Yadav @ Pulis Chaudhari v. The State Of Bihar

2023-09-12Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 60276 of 2023 Arising Out of PS. Case No.-241 Year-2023 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== Pulish Chaudhary @ Pulish Yadav @ Pulis Chaudhari S/O Late Babloo Chaudhary R/O Village Karwandiya P S Sasaram M District Rohtas ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Mithilesh Kumar Singh For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-09-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 307, 325, 323, 341, 504, 147, 148, 149, of the Indian Penal Code and Section 27 of the Arms Act later on Section 302 was also added.

As per prosecution case, the allegation against the accused persons including the petitioner is that they armed with various weapons came at the shop of the informant and started assaulting due to which informant's family members sustained injuries and cousin brother of the informant

Patna High Court CR. MISC. No. 60276 of 2023(2) dt.12-09-2023 2/3 namely, Anuj Kumar sustained injuries on his head and hand. It is further alleged that they also assaulted the informant's brother namely, Rohit Kumar by means of deadly weapons due to which he also sustained injuries and during course of treatment he died.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to dirty village politics. There is no specific allegation levelled against the petitioner rather general and omnibus allegation levelled against him. As per Annexure-2, it appears that some injuries are simple in nature and opinion of some injuries are reserved. It is further submitted that no consistent material has come out against the petitioner. The petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 13.05.2023.

Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well

Patna High Court CR. MISC. No. 60276 of 2023(2) dt.12-09-2023 3/3 as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sasaram Muffasil P.S. Case No. 241 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court. (Sunil Kumar Panwar, J) Manishkumar/- U T