Jata Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10768 of 2020 Arising Out of PS. Case No.-365 Year-2019 Thana- MUFFASIL District- West Champaran ====================================================== JATA CHAUDHARY Son of Late Rama Chaudhary Resident of VillageHarivatika, Ward No.39, P.S.-Bettiah (Muffasil), District-West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :

Mr.Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 01-09-2020 Heard learned counsel for the petitioner and learned counsel for the State through video conferencing. The petitioner has filed the instant application for grant of anticipatory bail apprehending his arrest in connection with Bettiah (Mufassil) P.S. Case no. 365 of 2019 registered under sections 307, 448, 341, 323, 324, 354, 379, 504, 506 and 34 of the Indian Penal Code.

As per allegation in the FIR, it is stated that there was some dispute between the agnate over some earth being filled up by the informant. It is stated that the petitioner with the intention to kill, beat up the informant on her neck.

It is submitted by learned counsel for the petitioner that from perusal of the FIR itself it would transpire that the FIR has been lodged over a trivial dispute between agnates. The

Patna High Court CR. MISC. No.10768 of 2020(3) dt.01-09-2020 2/2 injury report which has come in course of investigation does not support the allegation as levelled in the FIR, The petitioner has no criminal antecedent.

The application for bail is opposed by learned counsel for the State.

Having heard learned counsel for the parties and taking into consideration the allegations levelled in the FIR, the submissions made on behalf of the petitioner, both the parties being agnates and the petitioner not having any criminal antecedent, the Court is inclined to enlarge the petitioner on anticipatory bail. The petitioner is directed to surrender in the Court below within a period of eight weeks from today and in the event of his arrest or surrender in connection with Bettiah (Mufassil) P.S. Case no. 365 of 2019 he will be enlarged 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, Bettiah, West Champaran subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Partha Sarthy, J) Prakash/- U