Upendra Chaudhan And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67472 of 2018 Arising Out of PS. Case No.-153 Year-2018 Thana- NARHATT District- Nawada ======================================================

1. Upendra Chaudhan Son of Lalji Chauhan

2. Mukesh Chauhan Son of Lalji Chauhan Both are Resident of Village-Bhaunour Beldari P.S. Narhat,Distt.-Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Verma For the Opposite Party/s :

Mr. Sri Anil Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-11-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 307, 379 and 34 of the Indian Penal Code.

The prosecution case, in short, is that while the bhagina of informant was coming to his house on motorcycle, the accused persons, variously armed, assaulted him due to which he sustained injury.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioner has falsely been implicated in the

Patna High Court Cr.Misc. No.67472 of 2018(2) dt.22-11-2018 2/2 present case. There is a case and counter case between the parties. The nature of injury is said to be simple. Hence, no offence under Section 307 IPC is made out.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. V, Nawada in connection with Narhat P.S. Case No. 153/2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T