Dharmendra Kumar Choudhary @ Munna Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81806 of 2023 Arising Out of PS. Case No.-204 Year-2023 Thana- SANDESH District- Bhojpur ====================================================== 1.

DHARMENDRA KUMAR CHOUDHARY @ MUNNA CHOUDHARY S/O SHIVNATH CHOUDHARY VILLAGE- CHILHOS BANGLA,PS. SANDESH DIST. BHOJPUR (ARA) 2.

ASHOK KUMAR CHOUDHARY S/O SHIV NATH CHOUDHARY VILLAGE- CHILHOS BANGLA,PS. SANDESH DIST. BHOJPUR (ARA) ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioners :

Mr. Bachan Jee Ojha, Advocate For the State :

Mr. Manoj Kumar, APP For the Informant :

Mr. Nagadeo Choubey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-03-2024 Heard learned counsels for the parties.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 307, 354, 504, 506 and 34 of the Indian Penal Code and later on Section 302 of the Indian Penal Code was added.

3. As per prosecution case, co-accused Rakesh Choudhary assaulted the father of the informant, as a result of which he died during course of treatment. So far as these petitioners are concerned, they are alleged to have assaulted the mother of the informant.

4. It is submitted by learned counsel appearing on behalf of the petitioners that these petitioners are not alleged to

Patna High Court CR. MISC. No.81806 of 2023(3) dt.19-03-2024 2/2 have assaulted the deceased. It is further submitted that the injuries allegedly caused by these petitioners has been found to be simple in nature. Petitioners claim clean antecedents.

5. Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the prayer for grant of anticipatory bail.

6. Considering the aforesaid facts and circumstances, nature of injuries and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.

7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate First Class, Bhojpur, in connection with Sandesh P.S. Case No.204 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashank/- U T