Avinash Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71877 of 2023 Arising Out of PS. Case No.-52 Year-2023 Thana- TISIAUTA District- Vaishali ====================================================== Avinash Chaudhary S/O Late Premnath Chaudhary Village- Shahpur, Ps. Tisiauta, Dist. Vaishali ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar Singh For the Opposite Party/s :
Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-11-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.
2. The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 341, 323, 354, 379, 504, 506 of the Indian Penal Code.
3. The prosecution case in nutshell is that petitioner use to tease the informant in the way to coaching. When the informant protested, the petitioner threatened her to stop and thereafter snatched her locket made up of gold, worth Rs. 2,000/-. It is further
Patna High Court CR. MISC. No.71877 of 2023(2) dt.07-11-2023 2/3 alleged that when the informant's mother went to petitioner's house to make complain, one Harendra Chaudhary abused her and threatened her of dire consequences.
4. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case.. There is inordinate delay of 4 days in lodging the F.I.R. Both parties are co-villager and it is further submitted that informant was unable to pay the rent of the tractor of the petitioner which ploughed the informant's field. When the petitioner demanded the money, the informant implicated the petitioner with false and fabricated allegations. Moreover, the petitioner is languishing in judicial custody since 31.07.2023.
5. Learned APP appearing for the State and learned counsel for the informant have vehemently opposed the prayer for Bail.
6. Having heard learned counsel for the parties
Patna High Court CR. MISC. No.71877 of 2023(2) dt.07-11-2023 3/3 and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Tisiauta P.S. Case No. 52 of 2023 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 Additional Chief Judicial Magistrate, Vth Vaishali, Hajipur.
(Sunil Kumar Panwar, J) Nirajkrs/- U T