Kalektar Chaudhary @ Kalaktar Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62544 of 2024 Arising Out of PS. Case No.-123 Year-2024 Thana- NOKHA District- Rohtas ====================================================== 1.

Kalektar Chaudhary @ Kalaktar Kumar Singh Son of Late Ram Ram Chaudhary @ Ramraj Singh RESIDENT OF VILLAGE- RAM NAGAR, POLICE STATION- NOKHA, DISTRICT- ROHTAS AT SASARAM 2.

Ashok Sah Son of Late Hira Sah RESIDENT OF VILLAGE- RAM NAGAR, POLICE STATION- NOKHA, DISTRICT- ROHTAS AT SASARAM ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raghunandan Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Umesh Lal Verma, APP For the Informant :

Mr. Vijay Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-12-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State and learned counsel for the informant.

2.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 147, 149, 341, 323, 354(B), 379, 307, 504, 506 of the IPC.

3.

The allegation against the petitioners is that with their common intention armed with deadly weapons are said to have assaulted the informant and his family members with intention to kill them due to which they sustained injuries on vital part also. The petitioner no.1 is said to have assaulted one Lallu

Patna High Court CR. MISC. No.62544 of 2024(3) dt.20-12-2024 2/3 Shah. It is clear from the case diary that petitioner no. 2 assaulted the informant and one injury was found grievous in nature in the supplementary injury report enclosed in the case diary and other injury was found simple in nature. 4.

It is submitted by learned counsel for the petitioner that petitioners are quite innocent and has committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. Petitioners have no criminal antecedent.

5.

Learned APP for the State and learned counsel for the informant opposed the prayer for bail. Learned counsel for the informant submits that injury was found in the head which is vital part of the body.

6.

Having regard to the facts and circumstances of the case, and the fact that the injury was found simple in nature, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court

Patna High Court CR. MISC. No.62544 of 2024(3) dt.20-12-2024 3/3 below where the case is pending/Successor Court in connection with Nokha P.S. Case No.123 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) Suruchi/- U T