Tunni Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83651 of 2024 Arising Out of PS. Case No.-61 Year-2024 Thana- KARANDAY District- Sheikhpura ====================================================== Tunni Chaudhary S/O Suresh Chaudhary R/o Vill - Ghari, (Dhari), P.S - Karandey, District - Sheikhpura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Murti Mr. Pankaj Kumar For the Opposite Party/s :

Mr. Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-12-2024

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Karandey Police Station Case No. 61 of 2024, dated 30.07.2024, disclosing offences under Sections 190/191(2)/126(2)/115(2)/109/352/351(2) of the Bharatiya Nyaya Sanhita.

3. The prosecution case, as per the First Information Report, is that on 29.07.2024, in the evening, while the informant was going to market for purchasing some articles, he saw that Rajesh Yadav was abusing his daughter. When, the informant intervened, the petitioner, along with other coaccused persons, in drunken condition started abusing and

Patna High Court CR. MISC. No.83651 of 2024(3) dt.18-12-2024 2/3 assaulted the informant on his head due to which he sustained injury.

4. Learned counsel for the petitioner submits that the counter-case has also been lodged by the petitioner against the informant and others, bearing Karandey Police Station Case No. 62 of 2024. He next submits that there was scuffle between the informant and his family members, in which, the petitioner and others have falsely been implicated. Referring to the impugned order, learned counsel submits that learned Principal District and Sessions Judge, Sheikhpura, has discussed the injury caused to the informant, but has not mentioned the nature of injury as grvious.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that there is case and counter-case between the parties and the petitioner has also sustained injury, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/-

Patna High Court CR. MISC. No.83651 of 2024(3) dt.18-12-2024 3/3 (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Sheikhpura, in connection with Karandey Police Station Case No. 61 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) ashwani/- U T