Patna High CourtCR. MISC./77944/2024bail granted

Fekan Chaudhary @ Dinesh Chaudhary v. The State Of Bihar

2024-11-26Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77944 of 2024 Arising Out of PS. Case No.-385 Year-2023 Thana- CHAKAND District- Gaya ====================================================== Fekan Chaudhary @ Dinesh Chaudhary S/O Ganga Chaudhary @ Deonandan Chaudhary R/O Village- Harigao, P.S- Chakand, District- Gaya. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Sinha, Adv.

For the Opposite Party/s :

Mr. Nawal Kishore Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-11-2024 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Chakand Police Station Case No. 385 of 2023, registered for the offence punishable under Sections 341, 323, 308, 504, 506 and 34 of the Indian Penal Code.

3. The allegation against the petitioner, as per the First Information Report, is that on 13.11.2023, at about 6:00 PM. in evening, while the informant was making prasad in the temple, the petitioner came there and assaulted the informant due to which he sustained injury near his jaw and he was also assaulted by means of lathi on his head.

4. Learned Counsel for the petitioner submits that injury caused to the informant is simple in nature, but it has

Patna High Court CR. MISC. No.77944 of 2024(2) dt.26-11-2024 2/2 wrongly been stated in impugned order that the injury is serious.

5. After having heard learned Counsel for the parties and taking into consideration the nature of allegation and the fact that injury caused to the informant is simple in nature, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, be released on bail, in the event of his arrest or surrender before the Court below within six weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Xth, Gaya, in connection with Chakand Police Station Case No. 385 of 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) Siwani/- U T