Jay Kumar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7930 of 2020 Arising Out of PS. Case No.-172 Year-2019 Thana- AMAS District- Gaya ====================================================== JAY KUMAR CHOUDHARY S/o Ram Briksha Mallah R/o villageChapardah, Tola Banahi, P.S.- Amas, District- Gaya ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sudhir Kumar Sinha For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-06-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and Shri Ashok Kumar, the learned APP appearing for the State. The petitioner apprehends her arrest in connection with Amas P.S. Case No. 172 of 2019, for the offence punishable under Sections 307, 379 and other allied sections of the Indian Penal Code .

The case of the prosecution in brief is that on 10.09.2019 while the informant was engaged in digging earth for construction of his house, the petitioner is stated to have

Patna High Court CR. MISC. No.7930 of 2020(3) dt.18-06-2020 2/3 arrived there and told him that the land belongs to him. Subsequently at about 9 P.M. in the night, the petitioner and other accused persons had come to the house of the informant and abused him as also had assaulted him and his younger brother.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is having a clean antecedent. It is further submitted that a bare perusal of the injury report would show that the injuries sustained by the injured persons are simple in nature. It is further submitted that the present case arises out of the case and counter case.

The learned A.P.P. appearing for the State has vehemently opposed the prayer for anticipatory bail. Having regard to the facts and circumstances of the case and considering the submissions made by the learned counsel for the petitioner as also taking into account the fact that the petitioner is having a clean antecedent and the injuries sustained by the injured persons are simple in nature, I deem it fit and proper to admit the petitioner to the privilege of anticipatory bail.

Accordingly, in the event of arrest or surrender before

Patna High Court CR. MISC. No.7930 of 2020(3) dt.18-06-2020 3/3 the learned court below within a period of four weeks from today, the petitioner, above-named, shall be released on anticipatory bail on furnishing bail-bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Sherghati, Gaya in connection with Amas P.S. Case No. 172 of 2019, subject to the conditions as laid down under Section 438(2) Cr. P.C.

(Mohit Kumar Shah, J) Tiwary/- U T