Kundan Kumar Chaudhary @ Kundan Kumar Vs The State of Bihar

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.78304 of 2024

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Arising Out of PS. Case No.-72 Year-2024 Thana- GAYA MUFASIL District- Gaya

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

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Kundan Kumar Chaudhary @ Kundan Kumar, Son of Basant Chaudhary @ Bausanth Chaudhary @ Basanth Chaudhary, Resident of Village- Nauranga, P.S.- Muffasil in the District of Gaya

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Basant Chaudhary @ Bausanth Chaudhary @ Basanth Chaudhary, Son of Late Sonu Chaudhary, Resident of Village- Nauranga, P.S.- Muffasil in the District of Gaya

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sunil Kumar, Advocate For the Opposite Party/s : Mr. Nirmal Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

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3 22-03-2025

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Heard the learned Advocate appearing on behalf of

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the petitioners and the learned Additional Public Prosecutor for the State.

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The petitioners apprehend their arrest in connection with Mufassil P.S. Case No. 72 of 2024, registered for the offences punishable under Sections 341, 323, 324, 307, 504, 506 and 34 of the Indian Penal Code.

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In course of protest in selling the illicit liquor by the husband of the informant, the petitioners have brutally assaulted the informant and his family members, due to which they sustained injuries. It is specifically alleged that accused petitioners assaulted the son of the informant with hasuli and

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Patna High Court CR. MISC. No.78304 of 2024(3) dt.22-03-2025 2/3

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when her husband came to save him, then the accused persons also assaulted him by means of hasuli, due to which he sustained cut injuries on three places.

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Mr. Sunil Kumar, learned Advocate appearing on behalf of the petitioners has submitted that the entire prosecution case falls to the ground on bare perusal of the injury report wherein the injury is said to have been caused by hard and blunt object and simple in nature. There is counter version of the present case being Mufassil P.S. Case No. 70 of 2024 which is admittedly prior to the institution of the present one. The petitioners are son and father whose names have been implicated in this case on account of vengeance; moreover, they undertake before this Court that they will fully cooperate in the proceeding of the Court.

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On the other hand, learned Advocate for the State opposed the pre-arrest bail application and submits that there is a specific allegation against the petitioners.

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Regard being had to the submissions made on behalf of the parties and considering the nature of injury which prima facie does not corroborate the allegation of causing hasuli blow, moreover the same is found to be simple in nature, let the petitioners above named be released on bail, in the event of their

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Patna High Court CR. MISC. No.78304 of 2024(3) dt.22-03-2025 3/3

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arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya in connection with Mufassil P.S. Case No. 72 of 2024, subject to the conditions laid down in Section 438(2) Cr.P.C. with the further condition that one of the bailors shall be the own/close family members of the petitioner.

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(Harish Kumar, J)

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supratim/-

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U T

Kundan Kumar Chaudhary @ Kundan Kumar v. The State of Bihar

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Kundan Kumar Chaudhary @ Kundan Kumar v. The State of Bihar

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