Madhuri Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77886 of 2019 Arising Out of PS. Case No.-67 Year-2019 Thana- KUMAR KHAND District- Madhepura ====================================================== MADHURI CHAUDHARY, Son of Late Bauku Chaudhary Resident of Village-Rahta, Ward No.07, P.S.-Kumarkhand, District-Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sharda Nand Mishra For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 341, 323, 307, 379, 504/34 of the Indian Penal Code and Section 27 of the Arms Act.

It is alleged in the written report by the informant Ramchandra Chaudhary that on 26.04.2019 at 3.00 PM, when the informant was constructing his house then all of a sudden the petitioner and Kailash Chaudhary along with 10.-12 unknown persons being armed with weapons reached there by uttering abuses and when the informant objected then the petitioner assaulted with Debiya on the head of the informant with intention to kill, which caused fracture of his head, profuse bleeding started and he fell down on the ground. It is further alleged that co-accused Kailash Chaudhary fired pellet from his pistol, which fortunately did not hit him and thereafter this petitioner and above named co-accused along with unknown persons entered in

Patna High Court CR. MISC. No.77886 of 2019(2) dt.02-12-2019 2/2 the office of business premises of the informant and co-accused Kailash Chaudhary took away Rs. 3,50,000/- from the cash-box and thereafter this petitioner and above named co-accused along with known persons fled away by firing shots.

Learned counsel for the petitioner submits that there is case and counter case between both the parties and both parties have sustained injuries on their persons. The injury is simple in nature at Annexure-3 of the bail petition. The co-accused Kailash Chaudhary has been granted anticipatory bail by the Co-ordinate Bench of this Court vide order 14.10.2019 in Cr. Misc. No.47296/2019. The another injury report after 7 days in which injury shows grievous. The petitioner is in custody since 18.07.2019 and has no criminal history.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Madhepura, in connection with Kumarkhand P.S. Case No. 67 of 2019. (Anjani Kumar Sharan, J) amitkumar/- U T