Umesh Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4352 of 2019 Arising Out of PS. Case No.-1264 Year-2018 Thana- BIHTA District- Patna ====================================================== Umesh Chaudhary Late Jiwlal Chaudhary Vill-Mohanpur Doghra, P.S-Bihta, Distt.-Patna ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Mira Kumari, Adv.

For the Opposite Party/s :

Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 28-01-2019 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in anticipation of his arrest in connection with Bihta P.S. Case No. 1264/2018 dated 07.11.2018 instituted for the offences under Sections 341, 323, 504, 379 and 34 of the Indian Penal Code and section 37 (g) of Bihar Prohibition & Excise Act, 2016.

The petitioner and others, in an inebriated state, are alleged to have assaulted the brother of the informant, as a result of which he received injuries. Hence, the F.I.R.

Patna High Court Cr.Misc. No.4352 of 2019(2) dt.28-01-2019 2/3 Learned counsel for the petitioner has submitted that in fact the present case is only a counter blast to the case lodged by the wife of the petitioner against the informant vide Bihta P.S. Case No. 1265/2018. The petitioner, his wife and his nephew Rajesh Kumar have been seriously injured in the occurrence. In support of the aforesaid contention, learned counsel for the petitioner has drawn the attention of this court to the injury reports of the petitioner, his wife and nephew which has been annexed as Annexure-2 to this petition.

Regard being had to the general and omnibus nature of accusation against the petitioner and his being a person of clean antecedent, he is directed to be released on bail, in the event of his 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, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten thousand) with two sureties of the like

Patna High Court Cr.Misc. No.4352 of 2019(2) dt.28-01-2019 3/3 amount each to the satisfaction of the learned Special Judge Excise, Patna in connection with Bihta P.S. Case No. 1264/2018, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) vinita/- U T