Naresh Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82181 of 2023 Arising Out of PS. Case No.-81 Year-2023 Thana- BUNIYAD GANJ District- Gaya ====================================================== 1.

Naresh Chaudhary Son Of Karu Chaudhary R/O Mohalla- Head Manpur Takiya, P.S.- Buniyadganj, Dist.- Gaya 2.

Nagendra Chaudhary @ Bhushan Chaudhary Son Of Naresh Chaudhary R/O Mohalla- Head Manpur Takiya, P.S.- Buniyadganj, Dist.- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vishwa Ranjan Choudhary For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-12-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for regular bail in a case instituted for the offence under Sections 147, 149, 448, 341, 342, 323, 325, 307, 506/379 added Section 302 of the Indian Penal Code.

3. The allegation against the petitioners along with others is of brutally assaulting the informant and his family members in intoxicating condition and looted ornaments, cash and other valuable articles. It is further alleged that due to brutally assault Md. Naim Khan died, during course of treatment.

Patna High Court CR. MISC. No.82181 of 2023(2) dt.19-12-2023 2/3

4. It is submitted by learned counsel for the petitioners that petitioners are innocent and have committed no offence. They have been falsely implicated in this case. The F.I.R. has been lodged after the delay of 2 days. There is general and omnibus allegation against the petitioners rather the specific allegation against the co-accused Ganesh Choudhary, who assaulted the deceased by means of hockey stick in the abdomen, due to which, he succumbed to injury. There is no specific overt act against the petitioners. The coaccused namely, Shankar Chauhary and Mukesh Choudhary have already been granted bail by this Bench vide order dated 25.08.2023 passed in Cr. Misc. No. 53717 of 2023. They are languishing in judicial custody since 15.09.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Court of

Patna High Court CR. MISC. No.82181 of 2023(2) dt.19-12-2023 3/3 Additional Chief Judicial Magistrate-VIII, Gaya in connection with Buniyadganj P.S. Case No. 81 of 2023.

(Sunil Kumar Panwar, J) lata/- U T