Bahadur Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75892 of 2023 Arising Out of PS. Case No.-391 Year-2022 Thana- PAKARIBARAW District- Nawada ====================================================== Bahadur Chaudhary Son Of Jagdish Chaudhary Resident Of Village- Raruri, Ps- Pakribarawan, Distt- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 325, 307, 324, 504 and 34 of the Indian Penal Code and later on Section 302 of the IPC was added.

3. Allegation against the petitioner along with other co-accused persons is that they assaulted the informant's grandfather by means of lathi and danda due to which he sustained injuries and later on during the course of treatment, he died.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to village politics. No

Patna High Court CR. MISC. No.75892 of 2023(3) dt.02-01-2024 2/2 any specific overt act of assaulting against the petitioner rather general and omnibus allegation has been levelled against all the accused persons including this petitioner. Similarly situated other co-accused person, namely, Bebi Devi has already been granted anticipatory bail by another co-ordinate Bench of this Court vide Annexure-1 of this petition. Moreover, the petitioner is languishing in judicial custody since 16.07.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Pakribarawan P.S. Case No. 391 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Nawada. (Sunil Kumar Panwar, J) Shubham/- U T