Indal Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1825 of 2022 Arising Out of PS. Case No.-340 Year-2021 Thana- RAJGIR District- Nalanda ====================================================== INDAL CHAUDHARY S/o Sheo Balak Chaudhary R/o village- Kirpa Bigh, P.S.- Rajgir, District- Nalanda ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Kumar Sinha, Adv.

For the Opposite Party/s :

Mr.Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-07-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 341, 323, 325, 379 and 354(B) of the Indian Penal Code.

The allegation against the petitioner is that he tried to tease the informant and thereafter assaulted her by bricks and taken the gold jewellery.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to previous enmity.

Patna High Court CR. MISC. No.1825 of 2022(2) dt.27-07-2022 2/2 No such occurrence, in the manner as alleged, has ever taken place. It is submitted that earlier in the year 2019, the petitioner and other villagers have made a complain about the informant and others regarding sell of illicit liquor. In view of the said complain, recovery of liquor was made from the house of the informant and she was taken into custody. In retaliation of the same, the informant has implicated the petitioner in this case. No recovery has been made from the conscious physical possession of the petitioner. He has no criminal antecedent. Learned APP for the State opposed the prayer for bail.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Rajgir P.S. Case No.340/2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.