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Patna High CourtCR. MISC./1790/2023allowed

Madhu Chaudhary @ Madhukar Chaudhary @ Madhukar Anand v. The State Of Bihar

2023-03-28Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1790 of 2023 Arising Out of PS. Case No.-334 Year-2022 Thana- ITARHI District- Buxar ====================================================== Madhu Chaudhary @ Madhukar Chaudhary @ Madhukar Anand Son Of Srinath Chaudhary R/V- Kukudha, P.S- Itarhi Dist- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Kumar Pandey For the Opposite Party/s :

Ms.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Itarhi P.S. Case No. 334 of 2022 registered under sections 341, 323, 307, 325, 504, 506 and 34 of the Indian Penal Code.

Allegation against the petitioner along with other coaccused persons is that they abused and assaulted the son of the informant due to which he sustained injury, when he went to take money to this petitioner.

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 previous enmity. It is further submitted that there is no specific overt act of assaulting

Patna High Court CR. MISC. No.1790 of 2023(2) dt.28-03-2023 2/2 against the petitioner rather only the allegation as alleged is of insulting to the informant by him. There is case and counter case between both the parties bearing Itarhi P.S. Case No. 335 of 2022. General and omnibus allegation has been levelled against the petitioner. It is further submitted that nothing consistent material came against him to implicate in this case. He is languishing in judicial custody since 17.11.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Itarhi P.S. Case No. 334 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Buxar.

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