Patna High CourtCR. MISC./59176/2023bail granted

Ashok Chaudhary v. The State Of Bihar

2023-09-22Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59176 of 2023 Arising Out of PS. Case No.-8 Year-2023 Thana- PARBATTA District- Khagaria ====================================================== Ashok Chaudhary S/O- Late Jago Chaudhary Village- Kanhaiyachak PsParbatta Dist- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dr. Ramakant Akela, Advocate For the Opposite Party/s :

Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-09-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The Petitioner is apprehending his arrest in a case in connection with Parbatta P.S. Case No. 08 of 2023 dated 06.01.2023 registered for the offences punishable u/ss 341, 324, 325, 323, 307, 504, 506 read with section 34 of the Indian Penal Code.

4. As per the prosecution case, the petitioner and the co-accused persons are alleged to have assaulted the informant and the co-accused Dilkhush Chaudhary assaulted the informant

Patna High Court CR. MISC. No.59176 of 2023(2) dt.22-09-2023 2/3 with iron rod due to that his left thumb got fractured and the coaccused Diljeet Chaudhary fired on him which was missed and the petitioner and the other co-accused persons also assaulted him.

5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The specific allegation of assault with iron rod is against the coaccused Dilkhush Chaudhary. There is general and omnibus allegation against the petitioner. The informant sustained grievous injury on the non-vital part of the body. The petitioner has no criminal antecedent as stated at para 3 of the bail petition.

6. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances , let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Khagaria in connection with Parbatta P.S. Case No. 08 of 2023, subject to conditions as laid down under section 438(2) of the Code of

Patna High Court CR. MISC. No.59176 of 2023(2) dt.22-09-2023 3/3 Criminal Procedure.

8. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T