Chandan Kumar Chaudhary @ Naga @ Guddu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73442 of 2022 Arising Out of PS. Case No.-143 Year-2021 Thana- BARUN District- Aurangabad ====================================================== CHANDAN KUMAR CHAUDHARY @ NAGA @ GUDDU KUMAR Son of Raju Chaudhary Resident of Village - Hetampur, P.S.- Barun, District - Aurangabad (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Leelawati Kumari For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 147, 148, 149, 341, 323, 307, 379, 354, 448, 324, 504 of the Indian Penal Code and later on added Section 302 of IPC.

As per prosecution case, on 9.6.2021 around 6:30 PM the informant was returning from work to his house, in the meantime, petitioner along with other accused persons started assaulting him causing head injury and he fell down. It is further alleged that again 9;30 PM, accused persons also assaulted him and his family members, during treatment, Jitan Prasad Khatri died.

Patna High Court CR. MISC. No.73442 of 2022(2) dt.20-03-2023 2/3 Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The specific allegation of assault to deceased Jitan Kumar Khatri by means of Farsa is against co-accused Deepak Kumar, whereas, the allegation has been made against this petitioner of assaulting to injured Kaushal Kumar Khatri by means of iron rod. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. Moreover, co-accused Amres Kumar @Boby has already been granted Bail by a co-ordinate Bench of this Court vide order dated 20.6.2022 passed in Cr. Misc. No. 4206 of 2022. It is further submitted that the petitioner is languishing in judicial custody since 25.2.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

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 Barun P.S. Case No.143 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.73442 of 2022(2) dt.20-03-2023 3/3 learned Chief Judicial Magistrate, Aurangabad (Bihar). (Sunil Kumar Panwar, J) Amandeep/- U T