Bhanu Choudhary @ Phanu Pratap Choudhary @ Bhanu Pratap Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70265 of 2024 Arising Out of PS. Case No.-442 Year-2022 Thana- PIRPAINTI District- Bhagalpur ====================================================== Bhanu Choudhary @ Phanu Pratap Choudhary @ Bhanu Pratap Chaudhary Son of Arjun Choudhary Resident of Village- Sermari Hat, P.S.- Pirpainti, Dist.- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Kishore Prasad , Advocate For the Opposite Party/s :

Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-01-2025 Heard learned counsel for the petitioner and the State .

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 341 , 323 , 324, 307, 379, 504, 506 and 34 of the Indian Penal Code .

3 . As per the prosecution case , on 19.12.2022 at 8 am in the morning when sons of the informant were going to catch Malda intercity , in the meantime all the accused persons including this petitioner caught them, abused and assaulted with the butt of pistol due to which Devraj Chaudhary sustained head injury . It is further alleged that they also snatched gold chain and cash of Rs. 40,000/- from them.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.70265 of 2024(3) dt.08-01-2025 2/2 petitioner is innocent and has committed no offence and has falsely been implicated in this case . Earlier also informant side has filed Pirpainti case No. 260 of 2009 against this petitioner and others in which this petitioner was acquitted by Juvenile Justice Board Bhagalpur. Allegation of assault is general and omnibus . Petitioner claims clean antecedent. 5 . Learned counsel for the State opposes the bail petition of the petitioner.

6. Considering the general and omnibus allegation of assault against this petitioner, clean antecedent and other circumstances of the case , in the event of arrest or surrender within eight weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate Bhagalpur in connection with Pirpainti P.S. case No. 442 of 2022 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure .

(Prabhat Kumar Singh, J) Koushik/- U T