Prahlad Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56831 of 2022 Arising Out of PS. Case No.-304 Year-2021 Thana- KHIJARSARAI District- Gaya ====================================================== 1.
PRAHLAD CHAUDHARY S/O MUNNU CHAUDHARY @ MUNNA CHAUDHARY Resident of village- Chiraili, P.S.- Khizersarai, DistrictGaya. 2.
SATRUDHAN SAW @ SATRUDHAN KUMAR GUPTA S/O SHASHI SAW Resident of village- Chiraili, P.S.- Khizersarai, District- Gaya. 3.
MUNNA SAW @ RAHUL KUMAR S/O DINESH SAW Resident of village- Chiraili, P.S.- Khizersarai, District- Gaya. 4.
SATYENDRA CHAUDHARY @ SATYENDRA KUMAR S/O SARYU CHAUDHARY Resident of village- Chiraili, P.S.- Khizersarai, DistrictGaya. 5.
KARAN CHAUDHARY @ UPENDRA KUMAR S/O SARYU CHAUDHARY Resident of village- Chiraili, P.S.- Khizersarai, District- Gaya. 6.
AKASH KUMAR S/O VINAY KUMAR Resident of village- Chiraili, P.S.- Khizersarai, District- Gaya.
7.
BHOLA KUMAR@ SAURABH KUMAR S/O ANIL KUMAR SUMAN Resident of village- Chiraili, P.S.- Khizersarai, District- Gaya. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Binay Kumar, Adv.
For the Opposite Party/s:
Mr.Akhileshwar Dayal, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-01-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in a case registered for offence punishable u/s 147, 341, 308, 323, 504, 506 IPC. Allegedly, on account of some altercation, the accused persons named in F.I.R. including the petitioners abused and as-
Patna High Court CR. MISC. No.56831 of 2022(2) dt.02-01-2023 2/3 saulted the informant and her son. In the mean time, accused Shakti Paswan fired by pistol but it was missed. On gathering the people, all accused persons fled away threatening to kill informant's son. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. There is no specific allegation of assault against the petitioners and nobody sustained any injury. It is further submitted that free fight took place between the parties and counter case bearing Khizersarai P.S. Case No. 303/2021 has also been lodged earlier by Guddi Devi, wife of accused Deepak Chaudhary against the prosecution side.
Petitioners have no criminal antecedent. Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since there is no specific allegation against the petitioners, 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.
Patna High Court CR. MISC. No.56831 of 2022(2) dt.02-01-2023 3/3 below where the case is pending/Successor Court in connection with Khizarsarai P.S. Case No.304 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T