← Library
Patna High CourtCR. MISC./63489/2022allowed

Madhav Kumar Chaudhary v. The State Of Bihar

2023-04-24Mr. Justice Sanjeev Prakash Sharma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63489 of 2022 Arising Out of PS. Case No.-10 Year-2022 Thana- LAUKAHI District- Madhubani ====================================================== MADHAV KUMAR CHAUDHARY S/O LATE SHYAM KUMAR CHAUDHARY R/v- Mansapur, P.S.- Laukahi, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yogendra Kumar, Advocate For the State :

Mr. Shyam Kr. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 24-04-2023 Heard both the parties.

2. The petitioner seeks bail in anticipation of his arrest in connection with Laukahi P.S. Case No. 10 of 2022, dated 09.01.2022, instituted for the offences under Sections 447, 448, 341 and 307/34 of the I.P.C and 27 Arms Act.

3. Learned APP for the State opposes the prayer for grant of bail.

4. The cross cases have been registered. Injuries have been caused on the petitioner also which include two head injuries by a sharp weapon.

5. Taking into the nature of the allegations, I am inclined to grant anticipatory bail to the petitioner, namely Madhav Kumar Choudhary, and in the event of arrest, he shall

Patna High Court CR. MISC. No.63489 of 2022(2) dt.24-04-2023 2/3 be released on bail, subject to the conditions as laid down under Section 438(2) of the Cr.P.C., which are held as under:- (i) The petitioner shall cooperate with the investigation and make himself available for interrogation whenever required.

(ii) The petitioner shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer, (iii) The petitioner shall not obstruct or hamper the police investigation and not play mischief with the evidence collected or yet to be collected by the police; (iv) The petitioner shall maintain law and order; (v) The petitioner shall, at the time of execution of the bond, furnish his address and mobile number to the investigating officer, and the court concerned, and shall not change the residence till the final disposal of the case; (vi) The petitioner shall surrender his passport, if any, before the investigating officer within a week and, if he does not possess any passport, he shall file an affidavit to that effect before the investigating officer;

(vii) The petitioner shall regularly remain present

Patna High Court CR. MISC. No.63489 of 2022(2) dt.24-04-2023 3/3 during the trial and cooperate with the Hon'ble Court to complete the trial for the above offences.

(Sanjeev Prakash Sharma, J) Sachin/- Item No. 78 U