Som Chaudhary @ Som Kumar @ Som Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82875 of 2023 Arising Out of PS. Case No.-295 Year-2023 Thana- DAUDNAGAR District- Aurangabad ====================================================== SOM CHAUDHARY @ SOM KUMAR @ SOM KUMAR CHAUDHARY SON OF NANDA CHOUDHARY @ NANDAN CHOUDHARY RESIDENT OF VILLAGE- MOALI TOLA, WARD NO. 3, P.S- DAUDNAGAR DISTRICT- AURANGABAD ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Awadhesh Kumar Pandey, Adv For the Opposite Party/s :

Mr.Arvind Kumar Pandey App ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 31-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Daudnagar P.S. Case No. 295/2023 lodged on 18.05.2023 under Section 147/148/149/341/323/302/120B of the Indian Penal Code.

3. As per the prosecution case, F.I.R. has been lodged against four named and five unknown accused persons including the present petitioner with an allegation that they have assaulted the brother of the informant on his head and on the nose, due to which bleeding started.

Patna High Court CR. MISC. No.82875 of 2023(7) dt.31-07-2024 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that from the bare reading of the F.I.R., it becomes crystal clear that the informant himself has lodged the F.I.R. on hearsay material. He submits that there is no eye witnesses of the occurrence. He submits that in the case diary also there is no eye witnesses. He further submits that the criminal antecedent of the petitioner is clean and the petitioner is in custody since 21.08.2023. He submits that under conspiracy, his name has been inserted in this case only due to the reason that he has given evidence in a case and with a view to teach lesson to the other witnesses of the said case the present case has been lodged.

5. Learned APP for the State opposes the prayer for bail and submits that in the post-mortem report different internal and external injury has been found. The cause of death has been shown hemorrhage and shock.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named be granted bail on furnishing bail bonds of Rs. 30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Aurangabad in

Patna High Court CR. MISC. No.82875 of 2023(7) dt.31-07-2024 3/3 connection with Daudnagar P.S. Case No. 295/2023 subject to the condition laid down under Section 437(3) of the Cr.P.C. (Dr. Anshuman, J) Sunnykr/- U