Patna High Court - Orders
Hari Narayan Chaudhary vs The State Of Bihar on 19 December, 2022
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59835 of 2022
Arising Out of PS. Case No.-241 Year-2022 Thana- KUMAR KHAND District- Madhepura
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HARI NARAYAN CHAUDHARY Son of Late Awadh Chaudhary Resident
of Village - Rahta Bhawanipur, P.S.- Kumarkhand, District - Madhepura.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Uday Chand Prasad, Advocate
For the Opposite Party/s : Mr. Tarun Prasad Mandal, A.P.P.
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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 19-12-2022Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
Let the defects, as pointed out by the office, be removed within a period of four weeks from today.
The petitioner apprehends his arrest in a case registered for the offences punishable under Section 341, 323, 324, 354B, 379, 504/34 of the Indian Penal Code.
According to prosecution case, on 15.07.2022 in the evening while the informant Sunit Adevi along with her son were returning to the house from field after plucking the kidney- bean crops, the petitioners encircled both of them on way, and on order of petitioner Hari Narayan Chaudhary to assault, and Navin Kumar Chaudhary alias Kanhaiya Chaudhary assaulted with brick causing injury at her head. In the meantime, the Patna High Court CR. MISC. No.59835 of 2022(2) dt.19-12-2022 2/3 petitioner Hari Narayan Chaudhary assaulted to informant by dragging her on the ground causing necked her. Navin Kumar Chaudhary is alleged to have snatched away a gold- Mangalsootra from the informant. The occurrence took place for doing Bataidari land of Buchchi Chaudhary by informant.
Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that it appears from the F.I.R. that there is general and omnibus allegation against all the accused persons including the petitioner and the allegation against the petitioner is only that he is order giver. He further submits that there is specific allegation of assault is against co-accused namely, Navin Kumar Chaudhary who is son of the petitioner and said Navin Kumar Chaudhary has been granted anticipatory bail by the Court below itself.
The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.
Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of his arrest or surrender within a period of four weeks, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the Patna High Court CR. MISC. No.59835 of 2022(2) dt.19-12-2022 3/3 satisfaction of the learned Court below where the case is pending in connection with Kumarkhand P.S. Case No. 241 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and also the following conditions:-
1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) mdrashid/-
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