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Patna High CourtCR. MISC./72106/2024bail granted

Kuleshwar Chaudhary v. The State Of Bihar

2025-03-22Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72106 of 2024 Arising Out of PS. Case No.-150 Year-2024 Thana- AKBARPUR District- Nawada ====================================================== Kuleshwar Chaudhary Son of Triloki Chaudhary Resident of Village- Mahima Bigha, P.S.- Akbarpur, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Verma, Advocate For the Opposite Party/s :

Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-03-2025 Heard Learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending arrest in connection with Akbarpur P.S. Case No.150 of 2024, lodged on 29.04.2024, for the offences punishable under Sections 147/149/341/323/307/379/504/506 of the Indian Penal Code.

3. As per the prosecution, FIR has been lodged against sixteen named accused persons including the present petitioner. It has been alleged in the FIR that all accused persons including the present petitioner gathered at the house of the informant and assaulted him. Allegation of attack by sword

Patna High Court CR. MISC. No.72106 of 2024(3) dt.22-03-2025 2/3 on the head of the informant is against Mithlesh Chaudhary and allegation of assault by rod on the hand of the informant is against the present petitioner.

4. Learned Counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that the allegation against the petitioner is false and concocted. He submits that the informant and the petitioner are co-villagers and own Gotia and land dispute is going on between the parties. He submits that the informant has sustained grievous injury caused with sword by the co-accused Mithlesh Chaudhary and not by the present petitioner.

5. Learned Additional Public Prosecutor for the State opposes the prayer for bail but fairly submits that the informant has sustained grievous injury caused by co-accused Mithlesh Choudhary.

6. In the present facts and circumstances of the case, the petitioner, above named, is directed to be released on anticipatory bail, in the event of arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs.30,000/- (Three Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nawada, in connection with Akbarpur P.S.

Patna High Court CR. MISC. No.72106 of 2024(3) dt.22-03-2025 3/3 Case No. 150 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Dr. Anshuman, J) Mkr./- U T