Ramesh Chaudhary @ Golu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1969 of 2020 Arising Out of PS. Case No.-345 Year-2019 Thana- RIVILGANJ District- Saran ====================================================== RAMESH CHAUDHARY @ GOLU, aged about 36 years, Male, Son of Sri Narsingh Chaudhary Resident of Village - Brahmpur Jalalpur, P.S.- Rivilganj, District- Saran at Chapra ... Petitioner

Versus

The State of Bihar ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Anjani Kumar Sinha No.1, Adv.

For the State :

Mr.Dr. Ajeet Kumar, APP For the Informant :

Mr. Babu Nandan Prasad, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 23-01-2020 Heard learned counsel for the petitioner, the learned counsel for the informant and learned Additional Public Prosecutor for the state.

The petitioner seeks bail in connection with Rivilganj P.S. Case No. 345 of 2019, registered under Sections 341, 323, 447 and 307 of the Indian Penal Code.

The accusation is that Md. Sohrab Ali, son of the informant was sleeping on Thela in front of his vegetable shop. At that time, seven persons, named in the first information report, including the petitioner, reached there, having rod, lathi in their hands and started to cause injury. Due to sustaining injury blood started oozing out from the mouth and nose, thereafter, his son was rushed to Sadar Hospital, Chapra, from where seeing the serious condition he was referred Patna

Patna High Court CR. MISC. No.1969 of 2020(2) dt.23-01-2020 2/2 Medical College and Hospital. The cause of occurrence is bursting the crackers in front of the vegetable shop where the son of the informant was sleeping.

Submission is that it would appear from the first information report that the informant is not the eye witness of the occurrence. Mere on suspicion, he implicated the petitioner and others. More so, after realizing the mistake, informant has filed the compromise petition in the Court of Sri Pramod Ranjan, Judicial Magistrate, 1st Class, Saran at Chapra, to the effect that due to misunderstanding he has disclosed the name of the petitioner in the first information report. The petitioner is in custody since 04.11.2019.

Having regard to the facts and circumstances of the case, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Rivilganj P.S. Case No. 345 of 2019 to the satisfaction of the Judicial Magistrate, 1st Class, Saran at Chapra. (Rajendra Kumar Mishra, J) Shamshad/- U T