Allowed

Anil Choudhary v. The State Of Bihar

Patna HC18 Sept 2015CR. MISC./19315/2015

Case brief

AI extract

What is this about?

This is an oral order granting bail to two petitioners, Anil Choudhary and Sitaram Choudhary, in Criminal Miscellaneous Nos. 19315 and 21711 of 2015, arising from a murder case (Section 302/34 IPC). The court granted bail on the ground of free-fight and contradictions in prosecution evidence.

What did the court decide?

Released on bail on furnishing bond of Rs. 10,000/- each with two sureties of like amount each.

Anil Choudhary Vs The State Of Bihar — Bail and Remand | Patna HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19315 of 2015 Arising Out of PS.Case No. -136 Year- 2014 Thana -HASPURA District- AURANGABAD ====================================================== Anil Choudhary Son of Late Siya Ram Choudhary Resident of village - Jalpura, P.S. Haspura, District - Aurangabad. .... .... Petitioner/s Versus The State of Bihar. .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.21711 of 2015 Arising Out of PS.Case No. -136 Year- 2014 Thana -HASPURA District- AURANGABAD ====================================================== Sitaram Choudhary Son of Late Shobha Choudhary Resident of village & P.O. Jalpura, P.S. Hasapura, District - Aurangabad ( Bihar ) .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 3 18-09-2015 Both the above petitions arise out of Haspura P. S. Case no. 136 of 2014 registered under Section 302/34 of the Indian Penal Code. Accordingly, both the petitions are heard together and are being disposed of by this common order. Heard learned counsel for the petitioners, learned counsel for the informant and the learned counsel for the State. According to the prosecution case, the deceased had gone towards Jalpura Sun Temple Pond on 3.12.2014 at 6-30 P.M. and he was assaulted by iron rod and other weapons by the F.I.R. named accused including these petitioners and in that course it is alleged that petitioner in Cr. Misc. no. 19315 assaulted the

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Patna High Court Cr.Misc. No.19315 of 2015 (3) dt.18-09-2015

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deceased with rod causing injury on his head.

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Learned counsel for the petitioner of Cr. Misc. no. 19315 of 2015 submits that the informant is not the eye witness to the occurrence and moreover at paras-8, 9, 37, 38 and 46 some of the witnesses claimed themselves to be the eye witnesses of the alleged occurrence but all the aforesaid witnesses made contradictory statements. It is also submitted on behalf of the abovementioned petitioner that F.I.R. has been lodged after 18 hours of the alleged occurrence and moreover only two injuries were found on the person of the deceased and even if the prosecution is assumed to be true, then also, no case under Section 302 of the Indian Penal Code is made out as the alleged occurrence took place due to free-fight and sudden provocation. Learned counsel appearing in Cr. Misc. no. 21711 of 2015 submits that no specific overt act has been attributed against the petitioner and moreover it is stated that the witnesses have made contradictory statements.

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It would appear from the perusal of the F.I.R. that the occurrence took place on 21.12.2014 at 6-30 P.M. and written report is said to have been submitted before the concerned police station on 22.12.2014 at 1-15 P.M. whereas F.I.R. was put up before the concerned court on 24.12.2014. The post mortem examination report of the deceased reveals that only two injuries were found on the person of the deceased whereas according to the statement of witnesses, almost all the accused assaulted the victim by means of lathi, iron rod and other weapons. Nowhere there is specific allegation against the petitioner in Cr. Misc. no. 19315 of 2015.

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Taking into consideration the above stated facts and

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Patna High Court Cr.Misc. No.19315 of 2015 (3) dt.18-09-2015

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circumstances as well as submissions of the parties, let petitioners above named be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Daudnagar, Aurangabad in Haspura P. S. Case no. 136 of 2014.

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(Hemant Kumar Srivastava, J)

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sudip/-

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U T

Anil Choudhary v. The State Of Bihar

Case brief

What is this about?

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Anil Choudhary v. The State Of Bihar

Case brief

What is this about?

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