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Patna High CourtCR. MISC./81817/2023bail granted

Bade Chaudhary @ Satyendra Chaudhary v. The State Of Bihar

2023-12-20Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81817 of 2023 Arising Out of PS. Case No.-81 Year-2023 Thana- BUNIYAD GANJ District- Gaya ====================================================== 1.

Bade Chaudhary @ Satyendra Chaudhary, aged about 30 years, Male Son of Dhanu Chaudhary @ Dhanu Chaudhari.

2.

Rahul Kumar Chaudhary, Male, aged about 20 years, Son of Dhannu Chaudhary @ Dhanu Chaudhari.

Both resident of Mohalla - Head Manpur Joda Masjid, P.S.- Buniyadganj, District - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 20-12-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Buniyadganj PS Case No. 81 of 2023 instituted for the offences punishable under Sections 147, 149, 448, 341, 342, 323, 325, 307, 506, 379 and 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

Patna High Court CR. MISC. No.81817 of 2023(2) dt.20-12-2023 2/3 treatment.

4. Learned counsel for the petitioners submits that petitioners have been falsely implicated in this case due to dirty village politics and have committed no offence. From perusal of the impugned order, it appears that there is general and omnibus allegation against these petitioners. Learned counsel for the petitioners further submits that similarly situated co-accused persons namely, Shankar Chaudhary, Mukesh Kumar @ Mukesh Choudhary, Ganesh Chaudhary and Vilendra Chaudhary @ Birendra @ Bhushan Chaudhary have been granted bail by a co-ordinate Bench of this Court in Cr. Misc. Nos. 53717 of 2023 and 57571 of 2023 dated 25.08.2023 and 01.09.2023 respectively. Petitioners are in custody since 15.09.2023.

5. Learned APP opposes the prayer for regular bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners above named be released on bail after framing of charge, on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate VIII, Gaya in connection with Buniyadganj PS Case No. 81 of 2023.

Patna High Court CR. MISC. No.81817 of 2023(2) dt.20-12-2023 3/3

7. However, the Court below is directed to frame the charges within one month from the date of receipt of this order. (Ramesh Chand Malviya, J) Anand Kr.

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