High Court Patna High Court - Orders

Prabhu Choudhary vs State Of Bihar on 16 December, 2010

Patna High Court – Orders
Prabhu Choudhary vs State Of Bihar on 16 December, 2010
                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Cr.Misc. No.37849 of 2010
                     Prabhu Choudhary, S/o Late Sitaram Chaoudhary, R/o Village-
                     Raghuynandanur, P.S.-Bhagwanpur(Tiyay), District-Begusarai.
                                                                    ........ Petitioner.
                                             Versus
                      STATE OF BIHAR                              ..... Opposite Party

                                        ...........

3. 16.12.2010 Heard learned counsel for the petitioner as well as learned

P.P. for the State.

Petitioner, above named seeks his bail in connection with

Bhagwanpur P.S. Case No. 45 of 2010 registered under Section

302/34 of the Indian Penal Code.

As per written report of the informant, the allegation of

assault has been levelled against the petitioner as well as others, but in

course of investigation, the statement of deceased was recorded at para

-4 of the case diary. In the aforesaid statement, deceased specifically

stated that it was Kari Choudhary, who assaulted him with iron rod as

a result of which he sustained injury on his neck, head and right hand.

So far as the complicity of the petitioner is concerned, deceased has

specifically stated that he gave order to other accused to assault him.

The post-mortem report reveals that deceased sustained one injury on

his head and as per the statement of deceased, he was assaulted by co-

accused Kari Choudhary.

Considering the aforesaid facts and circumstances as well

as submissions of the parties, above named petitioner is directed to be

released on bail on furnishing bail bond of Rs. 10,000/- with two

sureties of the like amount each to the satisfaction of the learned Chief
-2-

Judicial Magistrate, Begusarai in connection with Bhagwanpur

P.S.Case No. 45 of 2010.

Sujit                                   (Hemant Kumar Srivastava,J.)