Patna High CourtCR. MISC./69824/2024bail granted

Dabloo Choudhary @ Jayant Choudhary v. The State Of Bihar

2024-09-27Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69824 of 2024 Arising Out of PS. Case No.-706 Year-2023 Thana- AMARPUR District- Banka ====================================================== Dabloo Choudhary @ Jayant Choudhary S/o Prakash Choudhary R/o VillageRampur, P.S.- Amarpur, District- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar For the Opposite Party/s :

Mr. Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 27-09-2024

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Amarpur Police Station Case No. 706 of 2023, disclosing offences under Sections 341, 323, 324, 307, 504, 34 of the Indian Penal Code.

3. As per the First Information Report on 25.10.2023 the informant's son namely, Shubham Yadav was going to market on his motorcycle, which dashed with the E-rickshaw of the co-accused/Amit Kumar Choudhary. It has further been alleged that the petitioner along with other accused persons surrounded the informant's son and when the informant intervened in the matter, he too was assaulted by the petitioner

Patna High Court CR. MISC. No.69824 of 2024(2) dt.27-09-2024 2/3 and other accused persons by lathi, danda etc. causing injury on his head.

4. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in the present case due to general and omnibus allegations levelled against the petitioner. He next submits that as per the injury report of the informant, the informant has received altogether three head injuries out of which, one injury has been opined to be grievous in nature and the same is not specifically attributed to the petitioner. The occurrence took place suddenly on a trivial issue. He further submits that no accused person, including the petitioner, is allegedly holding any specific weapon. He further submits that similarly situated co-accused namely Pankaj Kumar Choudhary has been granted anticipatory bail by this Court vide order dated 21.08.2024 in Cr. Misc. No. 49126 of 2024.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that allegation against the petitioner is general and omnibus in nature and similarly situated co-accused namely Pankaj Kumar Choudhary has been granted anticipatory bail by this Court vide order dated 21.08.2024 in Cr. Misc. No. 49126 of 2024, I am inclined to grant the petitioner privilege of anticipatory bail.

Patna High Court CR. MISC. No.69824 of 2024(2) dt.27-09-2024 3/3

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka, in connection with Amarpur Police Station Case No. 706 of 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) HarshPandey/- U T