Dukhan Choudhary vs The State Of Bihar
2021 Latest Caselaw 333 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No.28059 of 2020
           Arising Out of PS. Case No.-67 Year-2020 Thana- JANDAHA District- Vaishali
     ======================================================

1. Dukhan Choudhary, aged about 58 years, Gender-Male, Son of Ganour Choudhary

2. Dipak Choudhary, aged about 72 years, Gender-Male, Son of Dinesh Choudhary @ Gouresh Chaudhary

3. Rakesh Choudhary, aged about 35 years, Gender-Male, Son of Late Raju Chaudhary.

All are Resident and P.S.- Jandaha, District- Vaishali.

... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sabal Kumar Jha, Advocate For the State : Mr. Anil Kumar Singh, No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 25-01-2021

Heard Mr. Sabal Kumar Jha, learned counsel for the

petitioners and Mr. Anil Kumar Singh No. 2, learned Additional

Public Prosecutor (hereinafter referred to as the 'APP') for the

State.

2. The petitioners apprehend arrest in connection with

Jandaha PS Case No. 67 of 2020 dated 24.05.2020, instituted

under Sections 341/323/324/307/504/34 of the Indian Penal

Code.

3. The allegation against the petitioners is that they,

along with others, had caught the son of the informant and co-

accused Mukesh Choudhary gave tarsulia and hasuli blow with

intention to kill resulting in multiple injuries. Patna High Court CR. MISC. No.28059 of 2020 dt.25-01-2021

4. Learned counsel for the petitioners submitted that

there is general and omnibus allegation of catching hold of the

injured whereas the blow is said to have been given by only co-

accused Mukesh Choudhary. Learned counsel submitted that the

entire family members have been made accused. It was further

submitted that the petitioners have no criminal antecedent.

Learned counsel submitted that petitioner no. 2 is an old man of

72 years.

5. Learned APP submitted that there are multiple

injuries on the son of the informant, that is, on the neck, back,

shoulder, thighs and on various parts of the body which clearly

indicate that the same could not have been inflicted by only one

person and obviously the others were also party to it and were

holding the injured while co-accused Mukesh Choudhary gave

the blows.

6. Having considered the facts and circumstances of

the case and submissions of learned counsel for the parties, the

Court finds substance in the contention of learned APP.

7. Co-accused Mukesh Choudhary, who is not before

the Court, may have inflicted the blows, but multiple blows all

over the body indicates that the victim was caught hold of by

other accused also. However, in the tentative view of the Court, Patna High Court CR. MISC. No.28059 of 2020 dt.25-01-2021

with regard to petitioner no. 2, being aged about 72 years, it is

not probable that he would also have participated in physically

catching hold of the injured.

8. Accordingly, in the event of arrest or surrender

before the Court below within six weeks from today, the

petitioner no. 2, Dipak Choudhary, be released on bail upon

furnishing bail bonds of Rs. 25,000/- (twenty five thousand)

with two sureties of the like amount each to the satisfaction of

the learned S.D.J.M., Vaishali at Hajipur in Jandaha PS Case

No. 67 of 2020, subject to the conditions laid down in Section

438(2) of the Code of Criminal Procedure, 1973. Further, He

shall cooperate with the prosecution and the Court. Failure to do

so, shall lead to cancellation of his bail bonds.

9. Prayer for pre-arrest bail of petitioner no. 1, Dukhan

Choudhary and petitioner no. 3, Rakesh Choudhary stands

rejected.

10. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

Anjani/-

AFR/NAFR U T