Harinarain Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15412 of 2020 Arising Out of PS. Case No.-283 Year-2019 Thana- CHHATAPUR District- Supaul ====================================================== 1.

Harinarain Choudhary Son of Ramji Choudhary, Resident of Village - Surjapur, P.S.- Chhatapur, Distt.- Supaul.

2.

Anil Choudhary Son of Harinarain Choudhary, Resident of Village - Surjapur, P.S.- Chhatapur, Distt.- Supaul.

3.

Sunil Choudhary Son of Harinarain Choudhary, Resident of Village - Surjapur, P.S.- Chhatapur, Distt.- Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun, Adv.

For the Opposite Party/s :

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-09-2020 Heard both sides through Video Conferencing.

Petitioners apprehend their arrest in Chhatapur P.S. Case No.283 of 2019 registered under Sections 341, 323, 324, 353, 379, 504, 352 and 34 of the Indian Penal Code. The informant is the Branch Manager of Uttar Bihar Gramin Bank, Block Trivenigunj, District-Supaul. He was deputed for realization of loan amount. On the date of occurrence, he along with Sunil Kumar Singh (cashier) went to realise the loan amount from Hari Narayan Choudhary (petitioner no.1) but Hari Narayan Choudhary, his two sons, namely, Anil Choudhary and Sunil Choudhary and two

Patna High Court CR. MISC. No.15412 of 2020(3) dt.18-09-2020 2/3 unknown persons started assaulting the informant and Sunil Kumar Singh (cashier) with iron rod and plastic pipe. The informant and his cashier were brutally assaulted and the belongings of the informant were snatched.

Learned counsel for the petitioners submits that the petitioners are loanees. The bank officials came to the house of the petitioners for realization of the loan amount but the informant misbehaved and ill-treated with the wife of petitioner no.1 for which Chhatapur P.S. Case No.285 of 2019 was registered on 08.11.2019. It is submitted that the petitioners deserve anticipatory bail.

From perusal of the F.I.R. itself, it appears that the bank officials went to the house of the petitioners for realization of loan amount. The petitioners and two unknown persons brutally assaulted the informant and other bank official. It further appears that a counter case has also been lodged by the wife of petitioner no.1. On the face of it, it appears that the bank officials were misbehaved and brutally assaulted by the petitioners and others when they had gone to realise the loan amount.

Taking into consideration the facts aforesaid and the nature of allegations made against the petitioners, I am not

Patna High Court CR. MISC. No.15412 of 2020(3) dt.18-09-2020 3/3 inclined to enlarge the petitioners on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) Harish/- U T