Dukhan Choudhary And Ors vs State Of Bihar

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.

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.

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.

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.

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.

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.

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, 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.

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.

Prayer for pre-arrest bail of petitioner no. 1, Dukhan Choudhary and petitioner no. 3, Rakesh Choudhary stands rejected.

The application stands disposed off in the aforementioned terms.