Suresh Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65140 of 2024 Arising Out of PS. Case No.-42 Year-2024 Thana- PAKARIBARAW District- Nawada ====================================================== Suresh Chaudhary son of Shiv Nandan Cahudhary @ Shivan Chaudhary Village- Atari Bari Gulani PS- Pakribarawan Dist-Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gauri Shankar Prasad, Advocate For the Opposite Party/s :
Mr. Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 01-10-2024 Heard the parties.
2. The petitioner is apprehending his arrest in connection with Pakribarawan P.S. Case No. 42 of 2024 for the offence under Sections 341, 323, 324, 325, 307, 504, 506, 34 of the I.P.C. lodged on 24.01.2024 by the informant, Vikas Kumar.
3. As per the prosecution story, the informant used to oppose the toddy business being done by the accused persons. Allegation against this petitioner is of assaulting Usha Devi. Accordingly the F.I.R.
4. Learned counsel for the petitioner submits that the injury report of Usha Devi has been brought on record, the same is simple in nature. The petitioner does not have criminal antecedents. Further, the last submission is that without accepting the allegation, and/or the outcome of the present
Patna High Court CR. MISC. No.65140 of 2024(2) dt.01-10-2024 2/3 petition in view of the fact that the informant side has alleged injuries, the petitioner on its own would like to contribute towards the medical assistance of Rs. 5,000/- to Usha Devi through Demand Draft issued by the local State Bank of India branch.
5. Learned APP opposes the prayer for bail.
6. Considering the aforesaid submissions as also that the petitioner do not have criminal antecedent, this Court is inclined to extend him the privilege of anticipatory bail subject to payment of Rs. 5,000/- through Demand Draft issued by the local State Bank of India branch to be submitted before the 'NAZARAT' of concerned Court to be handed over to the informant after checking the credentials..
7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned J.M. Ist class, Nawada in connection with Pakribarawan P.S. Case No. 42 of 2024 subject to the conditions as laid down under Section 438(2) of the Cr.P.C., as also with the following conditions:- (i) one of the bailor should be the family
Patna High Court CR. MISC. No.65140 of 2024(2) dt.01-10-2024 3/3 member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself; (iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Ankit Kumar/- U T