Ashok Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 74145 of 2024 Arising Out of PS. Case No.-369 Year-2024 Thana- SUPAUL District- Supaul ====================================================== Ashok Choudhary Son Of Late Mishri Lal Choudhary R/o Village Chainsinghpatti Ward No 05 P.S -Supaul District -Supaul ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Saket Tiwary, Advocate Mr. Shivam Gupta, Advocate For the State :
Mr.Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 22-01-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail, apprehending his arrest, in connection with Supaul P.S. Case No. 369 of 2024, dated 13.06.2024 registered for the offences punishable under Sections 341, 323, 324, 307, 379, 354(B), 504, 506, 34 of the Indian Penal Code.s
3. As per allegation, an altercation took place, in which one of the family members of the informant got injured.
4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that an altercation took place on account of land dispute in which people from both the sides sustained injuries and the injury caused to the informant is
Patna High Court CR. MISC. No. 74145 of 2024(3) dt.22-01-2025 2/3 simple in nature. He further submits that there is case and counter case filed from both the sides.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedents.
7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul, in connection with Supaul P.S. Case No. 369 of 2024, subject to the conditions as laid down under Section 438 (2) Cr.PC and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, learned
Patna High Court CR. MISC. No. 74145 of 2024(3) dt.22-01-2025 3/3 court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J.) Chandan/- U T