Allowed

Kailash Choudhary v. The State of Bihar

Patna HC2 Aug 2023CR. MISC./38878/2023

Case brief

AI extract

What is this about?

This High Court granted bail to the petitioner in a criminal case involving assault and attempted murder. The petitioner was released on furnishing sureties within four weeks, subject to conditions under Section 438(2) Cr.P.C., noting a prior anticipatory bail order for the informant in a related counter-case.

What did the court decide?

Petitioner released on bail with bonds of Rs. 10,000 and two sureties of similar amounts within four weeks subject to conditions under S. 438(2) Cr.P.C.

Kailash Choudhary Vs The State of Bihar — Bail and Remand | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.38878 of 2023

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Arising Out of PS. Case No.-229 Year-2022 Thana- LODIPUR District- Bhagalpur

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KAILASH CHOUDHARY SON OF LATE HARI CHOUDHARY RESIDENT OF VILLAGE- SARMASPUR, GORADIH ROAD, PSLODIPUR, DISTT- BHAGALPUR ... ... Petitioner/s

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LODIPUR, DISTT- The State of Bihar ===============	BHAG ====	ALPUR Versus ... ======================
Appearance :
For the Petitioner/s	:	Mr.Sanjay Kumar Mishra
For the State	:	Mr.Nagendra Prasad
For the Informant	: :	Mr. Ranjan Kumar Jha Mr. Rana Pratap Singh

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CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

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ORAL ORDER

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2 02-08-2023

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Heard the learned counsel for the petitioner as well as

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the learned Additional Public Prosecutor for the State.

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The petitioner apprehends his arrest in connection with Lodipur P.S. Case No. 229 of 2022, registered for the offences punishable under Sections 341, 323, 324, 307/34 of the Indian Penal Code.

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As per allegation, the petitioner and co-accused Ritesh Chaudhary and Rahul Chaudhary assaulted the informant with sword on his head and he became injured.

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The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is land dispute between the parties. There is case and counter case. Both the parties have suffered grievous

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Patna High Court CR. MISC. No.38878 of 2023(2) dt.02-08-2023 2/2

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injuries and the informant in counter case against whom there is allegation to cause grievous injuries to the injured persons, has been granted anticipatory bail by the co-ordinate Bench of this Court vide order dated 28.06.2023 in Criminal Appeal (SJ) No. 712 of 2023.

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On the other hand, the learned counsel for the informant has opposed the prayer for bail and submitted that the case of the petitioner cannot be equated with the case of the informant. He has submitted further that the weapon used by this petitioner is sword, etc. There is case and counter case. Both the parties have suffered grievous injuries.

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Considering the above-mentioned facts and circumstances, the petitioner above-named, in the event of his arrest or surrender, within four weeks from today, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Lodipur P.S. Case No. 229 of 2022, subject to condition as laid down under section 438(2) Cr. P.C.

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(Nawneet Kumar Pandey, J)

Kailash Choudhary v. The State of Bihar

Case brief

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Kailash Choudhary v. The State of Bihar

Case brief

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