Lalan Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82112 of 2023 Arising Out of PS. Case No.-403 Year-2023 Thana- KAUWAKOL District- Nawada ====================================================== Lalan Chaudhary Son Of Jagdeesh Chaudhary R/O Village- Chongba, P.S.- Kauwakol, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vishwa Ranjan Choudhary, Adv.

For the Opposite Party/s :

Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 08-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Kauwakol P.S. Case No. 403 of 2023, registered for the offences punishable under Sections 341, 323, 452, 307, 427, 379, 504, 506 and 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner along with other six co-accused persons variously armed came at the informant's house and brutally attacked the informant, causing injury to the stomach rib and finger of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that earlier the petitioner had filed a criminal case against the informant and her husband and due to

Patna High Court CR. MISC. No.82112 of 2023(3) dt.08-02-2024 2/2 that reason, the petitioner has been falsely implicated in this case. He further submits that both petitioner and informant are neighbor and due to previous enmity between them, there is a case and counter case from both the sides. He also submits that petitioner is in custody since 04.07.2023 having one criminal antecedent which has been filed by the informant. He also submits that the alleged occurrence was taken place on 22.06.2023, however, the F.I.R. has been lodged with inordinate delay on 04.07.2023 without any explanation which creates doubt in the prosecution case.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned J.M.- 1st, Nawada in connection with Kauwakol P.S. Case No. 403 of 2023.

(Sunil Dutta Mishra, J.) sadique/- U T