Vijay Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1164 of 2023 Arising Out of PS. Case No.-533 Year-2022 Thana- KAUWAKOL District- Nawada ====================================================== VIJAY CHOUDHARY Son of Yamuna Choudhary Resident of village - Koniapar, P.S.- Kawakole, District - Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arjun Prasad For the Opposite Party/s :

Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-03-2023 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 302, 120B/34 of the Indian Penal Code.

As per prosecution case, informant alleged that when her husband had gone to attend the nature call at that time petitioner along with co-accused persons assaulted on his neck by means of Pasuly (sharp edge weapon) due to which he died. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to village politics. There is no specific overt-act against the petitioner rather general and omnibus allegation leveled against him. From perusal of the FIR

Patna High Court CR. MISC. No.1164 of 2023(2) dt.27-03-2023 2/2 it is also evident that specific allegation against co-accused Sulendra Choudhary, who assaulted on her husband neck by means of Pasuly. It is further submitted that the petitioner is languishing in judicial custody since 28.09.2022. 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 judicial custody of this 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 Kawakole (Kawakol) P.S. Case No. 533 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. Ist Class, Nawada. (Sunil Kumar Panwar, J) Manish/- U T