Bhagirath Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76560 of 2024 Arising Out of PS. Case No.-192 Year-2020 Thana- NARDIGANJ District- Nawada ====================================================== 1.
Bhagirath Chaudhary S/O Late Dulli Chaudhary Resident of VillageBhadaur, P.S.- Nardiganj, District- Nawada 2.
Pradeep Chaudhary S/O Anil Chaudhary Resident of Village- Bhadaur, P.S.- Nardiganj, District- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Man Mohan Kumar, Adv.
For the Opposite Party/s :
Mr.Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 06-12-2024 Heard Learned Counsel for the petitioners and Learned A.P.P. for the State.
2. The petitioners seek regular bail in connection with Nardiganj P.S. Case No. 192 of 2020 lodged under Sections 147, 148, 149 and 302 of the I.P.C.
3. As per the prosecution case, the F.I.R. has been lodged against 10 named accused persons including the petitioners against whom there is allegation that petitioner No.1 along with other two persons have assaulted the son of the informant by lathi and iron rod whereas against the petitioner No.2, the allegation is that he is a member of mob.
4. Learned Counsel for the petitioners submits that the
Patna High Court CR. MISC. No.76560 of 2024(2) dt.06-12-2024 2/3 petitioners are innocent and have committed no offence. He submits that injury report has been attached with this case and the version of F.I.R. has not supported the injury report. He further submits that the case of petitioner No.1 is exactly similar to Girani Chaudhary who has been granted bail by the Coordinate Bench of this Court vide order dated 22.11.2023 in Cr. Misc. No.72861 of 2023. He further submits that the case of Pradeep Chaudhary is exactly similar to Karu Chaudhary vide order dated 07.11.2023 in Cr. Misc. No.70967 of 2023.
5. Learned Counsel for the petitioners submits that petitioners are in custody since 12.08.2024 having clean antecedent.
6. Learned Counsel for the State opposes the prayer for bail and he accepts that some of the accused persons have been granted bail by this Court as well as by the Co-ordinate Bench of this Court.
7. In the present facts and circumstances of this case and the submissions made above, let the petitioners above named, be granted bail, but only after framing of charge, if not framed on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) each with two sureties of the like amount each to the satisfaction of C.J.M., Nawada in connection with
Patna High Court CR. MISC. No.76560 of 2024(2) dt.06-12-2024 3/3 Nardiganj P.S. Case No.192 of 2020, subject to the following conditions as laid down under Section 437(3) of Cr.P.C. (Dr. Anshuman, J.) Prakashmani/- U T