Suresh Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81482 of 2024 Arising Out of PS. Case No.-645 Year-2024 Thana- NAWADA District- Nawada ====================================================== Suresh Chaudhary Son of Late Bundi Chaudhary R/O-Village Kurma, P.S.- Nawada, District -Nawada ... ... 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. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-02-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2.

The petitioner seeks bail in connection with Nawada P.S. Case No. 645 of 2024 instituted for the offence under Sections 338, 302 & 34 of the Indian Penal Code. 3.

Prosecution case in brief is that on 09-04-2024, during a cricket game behind 'Goraiya Palace', a quarrel broke out between Rahul Kumar and Raushan Kumar. Petitioner allegedly restrained Rahul while ordering his grandson to attack him with a brick on the head, causing him to collapse. Rahul was taken to the hospital, where he was declared dead.

Patna High Court CR. MISC. No.81482 of 2024(3) dt.20-02-2025 2/3 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 22-06-2024. Petitioner bears no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. It is submitted that only allegation against the petitioner is of caught holding the deceased. It is submitted that no any motive of murder is assigned against the petitioner. Specific allegation is against co-accused, Raushan Kumar, who is grandson of the petitioner. Charge sheet has been submitted in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. It is submitted that postmortem report corroborates the allegation levelled against the petitioner.

7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, there being no specific allegation against the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with

Patna High Court CR. MISC. No.81482 of 2024(3) dt.20-02-2025 3/3 two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Nawada P.S. Case No. 645 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T