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Patna High CourtCR. MISC./74939/2022allowed

Nakal Chaudhary v. The State Of Bihar

2023-02-04Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74939 of 2022 Arising Out of PS. Case No.-79 Year-2020 Thana- WAJIRGANJ District- Gaya ====================================================== NAKAL CHAUDHARY S/O SIDDHESHWAR CHOUDHARY Resident of village- Bajidpur, P.S.- Wazirganj, District- Gaya. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Deep Nishi For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 302, 323 and 34 of the Indian Penal Code pending in the learned court below.

Allegation against the petitioner is that they have assaulted the informant by means of lathi & danda. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that in spur of moment the deceased suddenly come there and received injury without any planning and motive to murder even the informant his family did not received any injuries. He further submits that similarly situated

Patna High Court CR. MISC. No.74939 of 2022(2) dt.04-02-2023 2/2 other co-accused persons have already been granted bail by different Co-ordinate Benches of this Court vide order dated 03.05.2021 & 02.12.2021 passed in Cr. Misc. No. 39158/2020 & 12920/2021. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application. Learned APP for the State opposes for prayer for bail. Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Wazirganj P.S. Case No.79/2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) ajay/- U T