Rakesh Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63301 of 2022 Arising Out of PS. Case No.-524 Year-2022 Thana- MAKHDUMPUR District- Jehanabad ====================================================== 1.

RAKESH CHAUDHARY 2.

Praveen Chaudhary Both sons of Ram Barat Chaudhary, R/o Village- Banday, P.S.- Makhdumpur, Distt- Jehanabad .... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rudra Deo,Advocate For the Opposite Party/s :

Mr.Awadhesh Kumar Singh,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 21-03-2023 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek bail in a case registered for the offence under Sections 341,323,307,379,504,506,34 of the Indian Penal Code.

Allegation against petitioner Rakesh Chaudhary is that he assaulted to the informant by means of iron rod as a result of which he became unconscious and allegation against petitioner Pravin Chaudhary is that he assaulted to informant's son by means of iron rod with intention to kill as a result of which he sustained injury on his head.

Learned counsel appearing for the petitioners submits that petitioners have clean antecedent. They have falsely been implicated in the present case. He further submits that as per allegation as alleged in the FIR that petitioner Rakesh

Patna High Court CR. MISC. No.63301 of 2022(3) dt.21-03-2023 2/3 Chaudhary assaulted the informant by means of iron rod and petitioner Pravin Chaudhary assaulted the informant's son by means of iron rod with intention to kill. Further submits that the injury report of the son of the informant suggests that the injury is simple in nature caused by hard and blunt object. Further submits that the injury report of the informant suggests that the injury is simple in nature caused by hard and blunt object but the informant referred to the Jehanabad for further investigation. During further investigation, the injury report of the informant suggests that one injury is grievous in nature caused by hard and blunt object. Further submits that the present occurrence took place at the spur of moment and there was no intention of the petitioners to kill the informant and his family members and the police, after investigation, submitted chargesheet against the petitioners and the petitioners are in custody since 10.08.2022.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioners.

Considering the facts and circumstances of the case, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the

Patna High Court CR. MISC. No.63301 of 2022(3) dt.21-03-2023 3/3 learned court below where the case is pending in connection with Makhdumpur P.S.Case No. 524 of 2022 with the following conditions:-

(1) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bonds shall be cancelled by the Court below.

(2) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage, it is found that the petitioners have concealed their criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T