Pankaj Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16288 of 2019 Arising Out of PS. Case No.-498 Year-2018 Thana- AMARPUR District- Banka * ====================================================== Pankaj Choudhary, Son of Katiman Choudhary, Resident of Village - Ganoura, P.S.- Amarpur (Fullidumar), District - Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Balram Kapri For the Opposite Party/s :

Mr.Raj Kishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 18.09.2018 in a case registered for the offences punishable under Sections 341, 323, 324 and 307 of the Indian Penal Code. The prosecution case as per the written report of Sadhana Devi submitted to the Station House Officer of Fullidumar Police Station is to the effect that on 17.09.2018 at 9.00 P.M., that there was some hot exchange between the husband of the informant and brother-in-law of the informant, Pankaj Choudhary when the petitioner assaulted the husband of the informant with sickle causing injury on the cheek of the husband of the informant. It is alleged that the petitioner again assaulted the husband of the informant with sickle which caused

Patna High Court CR. MISC. No.16288 of 2019(2) dt.15-03-2019 2/2 injury on the left wrist of the husband of the informant. It is submitted by learned counsel for the petitioner that for a petty dispute, the accusation has been levelled against the petitioner and the investigation has already been concluded. A statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent. Learned APP submits that the one of the injuries of the husband of the informant has been found grievous but it is not on the vital part of the body, though he is named in the FIR.

Considering the genesis of the occurrence and the fact that the investigation has already been concluded, coupled with the statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Amarpur (Fullidumar) P.S. Case No. 498 of 2018.

(Dinesh Kumar Singh, J) DKS/- U T