Durges Chaudhary @ Kanchedla v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58067 of 2025 Arising Out of PS. Case No.-30 Year-2024 Thana- Chhaudahi District- Begusarai ====================================================== Durges Chaudhary @ Kanchedla S/o Jagdish Chaudhary R/o Village- Sawant, P.S.-Chhaurahi, District - Begusarai.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Suraj Kumar, Advocate For the Opposite Party/s :

Mr.Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 09-10-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

2. The petitioner seeks bail in connection with Chhaurahi P.S. Case No. 30/2024, registered for the offence under Sections 341, 323, 302, 120(B), 504, 506/34 of the Indian Penal Code.

3. The accused/petitioner is named in the F.I.R. and is in custody since 10.01.2025.

4. As per FIR, the petitioner alongwith other co-accused persons variously armed came forcibly entered into the house of the informant and after hurling abuses demanded to know the whereabouts the son of the informant and upon finding him in the next room, one of the co-accused, namely, Bablu Chaudhary slit the neck of the son of the informant with a sharp-edged cut weapon, who succumbed to his injuries.

5. Learned Counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.58067 of 2025(2) dt.09-10-2025 2/3 submitted that the allegation to slit throat is available against coaccused, namely, Bablu Chaudhary. It is pointed out that this fact was also stated by Rani Kumari through her statement recorded under Section 164 of Cr.P.C. and considering these aspects, one of the co-accused Ritesh Chaudhary and Memraj Chaudhary @ Kanma were granted bail by different learned co-ordinate Bench of this Court through Cr. Misc. No. 64234 of 2024 dated 01.10.2024 and Cr. Misc. No. 37692 of 2025 dated 18.06.2025 respectively. While concluding the argument, it is submitted that investigation of this case is already completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence and, moreover, petitioner is a man of clean antecedent.

6. Learned APP opposed the prayer of bail.

7. Considering the aforesaid factual submissions and by taking note of fact as the allegation to stab throat of deceased son of the informant is specifically available against co-accused Bablu Chaudhary, which is duly supported by the statement of one Rani Kumari, eye-witness of the occurrence through her statement recorded under Section 164 of the Cr.P.C. as discussed aforesaid, coupled with the fact that investigation of this case is already completed, where petitioner remains in custody since 10.01.2025, accordingly, petitioner above named, is directed to be released on

Patna High Court CR. MISC. No.58067 of 2025(2) dt.09-10-2025 3/3 bail in connection with Chhaurahi P.S. Case No. 30/2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, Manjhaul (Begusarai)/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C./Section 480(3) of BNSS.

(Chandra Shekhar Jha, J) veena/- U T