Munna Choudhry @ Choudhary Munna Kumar @ Chaudhary Munna Kumar @ Munna @ Munna Chaudhry v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75983 of 2023 Arising Out of PS. Case No.-225 Year-2023 Thana- JAGDISHPUR District- Bhojpur ====================================================== Munna Choudhry @ Choudhary Munna Kumar @ Chaudhary Munna Kumar @ Munna @ Munna Chaudhry Son Of Nand Kishor @ Nand Kishor Chaudhari @ Nand Kishroe Choudhary Resident Of Village- Mehan Tola@ Mohan Tola, Ps -JAGDISHPUR, Dist- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kamlesh Kumar Pathak For the Opposite Party/s :
Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-12-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.
2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
3. The petitioner is apprehending his arrest in connection with Jagdishpur P.S. Case No. 225 of 2023 dated 10.06.2023 registered for the offences punishable under Sections 147, 341, 325, 323, 307 and 504 and 506 of the Indian Penal Code.
4. As per the prosecution case, in a marriage ceremony of gotiya of the informant, accused Jitendra
Patna High Court CR. MISC. No.75983 of 2023(2) dt.18-12-2023 2/3 Choudhary abused the informant and there was a hot exchange of words. Thereafter, accused Jitendra Choudhary assaulted the informant by means of fists and slaps. In the meantime, the petitioner and the co-accused persons also abused him by means of fists and slaps and when Ramgahan Choudhary went to save the informant, the petitioner assaulted him by means of iron rod on his head and hands. Subsequently, when the informant went to save Ramgahan Choudhary, the petitioner again assaulted him with rod causing fracture injury on the hand and the co-accused Chunnu Choudhary took out a pistol and threatened to kill him. On hullah, the accused persons fled away.
5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. There is a case and counter case between both the parties. Learned counsel has further submitted that the injury no. 1 and 2 are simple in nature caused by hard and blunt substance. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.
6. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner by submitting that the injury no. 3 is grievous in nature.
7. Considering the aforesaid facts and circumstances
Patna High Court CR. MISC. No.75983 of 2023(2) dt.18-12-2023 3/3 of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Bhojpur at Ara in connection with Jagdishpur P.S. Case No. 225 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.
8. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T