Pawan Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19073 of 2023 Arising Out of PS. Case No.-10 Year-2021 Thana- RAJEPUR District- East Champaran ====================================================== PAWAN KUMAR CHAUDHARY S/O GOPAL CHAUDHARY RESIDENT OF VILLAGE- MAHAMMADPUR MAJHAULIYA, P.S- RAJEPUR, DISTT.- EAST CHAMPARAN.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr.Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-07-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 341, 323, 504, 506/34 of the IPC and 33 of the Indian Forest Act.

As per the prosecution case, the F.I.R. named accused persons including the petitioner were cutting green trees from the Government land, which were planted under scheme of JalJeevan Hariyali and when the informant and others prevented them from doing so, the accused persons abused them and further a scuffle took place between both parties. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He

Patna High Court CR. MISC. No.19073 of 2023(3) dt.11-07-2023 2/2 has been falsely implicated in this case due to village politics. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. Two co-accused were apprehended on the spot and have been granted bail by the learned court below itself. Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.

25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Rajepur P.S. Case No.10/2021 (G.R. Case No.244 of 2021), subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T