Awadh Choudhary @ Awadh Bihari Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3157 of 2024 Arising Out of PS. Case No.-621 Year-2022 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== AWADH CHOUDHARY @ AWADH BIHARI CHOUDHARY Son of Late Geeta Choudhary R/o vill and P.O. - Singhoul, ward no. 01, P.S. - Mufassil, Distt. - Begusarai (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Chandan Kumar Kashyap, Adv.
For the Opposite Party/s :
Mr.Arbind Kumar Pandey, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 307, 385, 504, 34 of the Indian Penal Code.
3. As per the FIR, the allegation against the petitioner is that he along with other co-accused persons came to the informant and started abusing him. They demanded Rangdari and assaulted him with butt of pistol and iron rod. When his elder brother came to save him, he was also assaulted by the accused persons.
4. It is submitted by learned counsel for the petitioner
Patna High Court CR. MISC. No.3157 of 2024(3) dt.05-07-2024 2/3 that the petitioner is quite innocent and he has committed no offence. No such occurrence as alleged has ever taken place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is admitted land dispute between the parties. The injuries sustained by the injured were found simple in nature. It is further submitted that the similarly situated co-accused has been enlarged on bail by this court vide order dated 20.06.2023 passed in Cr. Misc. No. 12558 of 2023. Petitioner has two criminal antecedents as mentioned in para-3 of this application.
5. Learned APP for the State opposes the prayer for bail.
6. Having regard to the facts and circumstances of the case, as the similarly situated co-accused has been granted anticipatory bail, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is
Patna High Court CR. MISC. No.3157 of 2024(3) dt.05-07-2024 3/3 pending/successor Court in connection with Muffasil (Singhoul O.P.) P.S. Case No. 621 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T