Ankaj Kumar Choudhary @ Ankaj Choudhary Vs the State of Bihar — Patna HC (2024) — LawSathi Research

Ankaj Kumar Choudhary @ Ankaj Choudhary Vs the State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Regular bail granted on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Banka / concerned court in connection with Amarpur P.S. Case No. 706 of 2023.

Issue for consideration

Whether the petitioner, accused in Amarpur P.S. Case No. 706 of 2023 registered under Sections 341, 323, 324, 307, 504/34 IPC, is entitled to regular bail.

Court's answer

Regular bail granted to the petitioner having regard to the submissions made by the parties, the grant of bail to other accused persons by the learned C.J.M., Banka, the anticipatory bail extended to similarly situated co-accused Pankaj Kumar Choudhary @ Pankaj Choudhary by this Court, the general and omnibus nature of the allegation against the petitioner, and the period of custody.

Ratio / Principle

Petitioner directed to be released on regular bail on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned CJM, Banka / concerned court in connection with Amarpur P.S. Case No. 706 of 2023.

Detailed headnote1 paragraphs

Criminal Miscellaneous No.50197 of 2024 (High Court of Judicature at Patna, decided 04-10-2024, Anil Kumar Sinha, J): Regular bail granted to Ankaj Kumar Choudhary @ Ankaj Choudhary in connection with Amarpur P.S. Case No. 706 of 2023 (District Banka), registered on FIR dated 25.10.2023 under Sections 341, 323, 324, 307, 504/34 IPC, arising from an alleged assault with lathi and danda on the informant and his son after a collision between the son's motorcycle and a toto e-rickshaw. Bail allowed on grounds of parity: other accused persons, including Amit Kumar Choudhary and Ashish Yadav @ Ashish Kumar Choudhary, had already been released on regular bail by the learned C.J.M., Banka (orders dated 03.07.2024 and 04.11.2023), and similarly situated co-accused Pankaj Kumar Choudhary @ Pankaj Choudhary had been granted anticipatory bail by this Court in Cr. Misc. No. 49126 of 2024; the allegation against the petitioner was found to be general and omnibus in nature, and his custody since 22.03.2024 was taken into account. Petitioner to be released on a bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned CJM, Banka / concerned court. Counsel had also submitted that a counter case (Amarpur P.S. Case No. 707 of 2023) was lodged by the toto owner for the same date and time, and that the impugned order of the learned Sessions Judge, Banka showed injury no. 3 as grievous whereas the injuries were simple in nature.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.50197 of 2024

Arising Out of PS. Case No.-706 Year-2023 Thana- AMARPUR District- Banka

======================================================

ANKAJ KUMAR CHOUDHARY @ ANKAJ CHOUDHARY S/O LATE AJAY KUMAR CHOUDHARY R/O VILLAGE- RAMPUR, P.SAMARPUR, DISTT.- BANKA.

... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Rakesh Narayan Singh For the Opposite Party/s : Mr.Rajendra Singh ======================================================

CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

4 04-10-2024 1. Heard the parties.

The petitioner seeks regular bail in connection with Amarpur P.S. Case No. 706 of 2023 dated 25.10.2023 registered under Sections 341, 323, 324, 307, 504 / 34 of the I.P.C.

As per the First Information Report on 25.10.2023 the informant’s son namely, Shubham Yadav was going to market on his motorcycle, which dashed with the toto e-rickshaw of the co-accused / Amit Kumar Chaudhary. It has further been alleged that the petitioner along with other accused persons surrounded the informant’s son and when the informant intervened in the matter he too was assaulted by the petitioner and other accused persons by lathi , danda etc. causing injury on his head.

Learned counsel for the petitioner submits that petitioner

Patna High Court CR. MISC. No.50197 of 2024(4) dt.04-10-2024 2/3

has falsely been implicated in this case in the clash between the motorcyclist and the driver of toto e-rickshaw. The petitioner is neither the driver of the toto e-rickshaw nor he was plying the motorcycle. The petitioner has no concern with the quarrel which took place between the motorcyclist and the driver of the toto e-rickshaw. On the contrary, he was a passer-by and tried to pacify the dispute between the informant and the co-accused / Amit Kumar Choudhary. A counter case has been lodged by Amit Kumar Choudhary i.e. the owner of the toto e-rickshaw for an incident which had taken place on the same date and time bearing Amarpur P.S. Case No. 707 of 2023. The other accused persons have been granted regular bail by the learned C.J.M., Banka including Amit Kumar Choudhary and Ashish Yadav @ Ashish Kumar Choudhary. Placing the order dated 03.07.2024 & 04.11.2023 of the learned C.J.M., Banka, learned counsel submits that injuries sustained by the victim are simple in nature, however, in the impugned order of the learned Sessions Judge, Banka, the injury no. 3 has been shown as grievous in nature. The allegation against the petitioner is general and omnibus in nature. The similarly situated co-accused / Pankaj Kumar Choudhary @ Pankaj Choudhary has been granted the privilege of anticipatory bail by this Court in Cr. Misc. No.

Patna High Court CR. MISC. No.50197 of 2024(4) dt.04-10-2024 3/3

49126 of 2024. The petitioner is in custody since 22.03.2024.

Regard being had to the submission made by the parties, taking into consideration the fact that other accused persons have been granted bail by the learned C.J.M., Banka, similarly situated co-accused / Pankaj Kumar Choudhary @ Pankaj Choudhary has been extended the privilege of anticipatory bail by this Court, the allegation against the petitioner is general and omnibus in nature and the period of custody, I am inclined to grant regular bail to the petitioner.

Let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 10,000/- ( ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Banka / concerned court in connection with Amarpur P.S. Case No. 706 of 2023.

(Anil Kumar Sinha, J)

praful/-

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