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Patna High Court – Orders
Aklu Choudhary @ Umesh Yadav vs The State Of Bihar on 27 May, 2025
Author: Alok Kumar Pandey
Bench: Alok Kumar Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34755 of 2025
Arising Out of PS. Case No.-260 Year-2022 Thana- UCHKAGAON District- Gopalganj
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1. Aklu Choudhary @ Umesh Yadav S/o- Babu Ram Choudhary Resident of
village- Manbodh Parsouni PS- Uchkagaon District-Gopalganj
2. Vishal Raj S/o- Saklu Choudhary Resident of village- Manbodh Parsouni
PS- Uchkagaon District-Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dharmveer, Adv.
For the Opposite Party/s : Mr.Tarun Prasad Mandal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
2 27-05-2025
Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. Petitioners are apprehending arrest in connection
with Uchkagaon P.S. Case No. 260 of 2022 registered for the
offences punishable under Sections 147, 148, 149, 323, 324,
325, 379, 307, 504, 506 of the Indian Penal Code.
3. As per prosecution case, it is alleged that
petitioners and others armed with farsa, rod, lathi, danda and
sword came at the door of the informant and started using
abusive language. When informant protested, Sandip Yadav
assaulted by means of farsa as a result of which she sustained
injury on her right hand. When Nirmal Singh, son of the
Patna High Court CR. MISC. No.34755 of 2025(2) dt.27-05-2025
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informant came to save her, Chandra Kishore Singh assaulted
him by means of lathi. Thereafter, Aklu Chaudhary (petitioner
no. 1) assaulted the informant by means of sword on her head as
a result of which she sustained injury.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have committed no offence as
alleged in the first information report and they have been falsely
implicated in this case. Police submitted final form against both
the petitioners and on protest filed by the informant the Court
took cognizance against both the petitioners, and thereafter
petitioner has approached this Court for grant of anticipatory
bail. Learned counsel submits that occurrence took place on
30.07.2022 and the F.I.R. has been lodged on 03.08.2022 after
delay of four days of the occurrence, which questions the
authenticity of the prosecution story. Petitioner no. 1 has
criminal antecedent of one case in which he is on bail. Petitioner
no. 2 has no criminal antecedent. Learned counsel has filed the
certified copy of the final form, which is kept on record.
5. The learned A.P.P. for the State vehemently
opposes the prayer for anticipatory bail of the petitioners.
Learned counsel submits that there is specific allegation against
petitioner no. 1 of assaulting the informant by means of sword.
Patna High Court CR. MISC. No.34755 of 2025(2) dt.27-05-2025
3/3
6. Considering the facts and circumstances of the
case, argument advanced on behalf of both sides, police
submitted final form against both the petitioners and also taking
into consideration the material available on record, the
petitioners, above named, in the event of arrest or surrender
within a period of six weeks from today, be released on
anticipatory bail on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of Additional Chief Judicial
Magistrate IX, Gopalganj in connection with Uchkagaon P.S. Case
No. 260 of 2022, subject to the conditions as laid down under
section 438(2) of the Code of Criminal Procedure.
7. The application stands allowed.
(Alok Kumar Pandey, J)
mcverma/-
U T
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