Subham Chourasiya @ Shubham Kumar Chaurasiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.64753 of 2018 Arising Out of PS.Case No. -434 Year- 2018 Thana -BUXAR District- BUXAR ====================================================== Subham Chourasiya @ Shubham Kumar Chaurasiya, S/o Barmeshwar Nath Chaurasiya, R/O Village-Bagen, P.S. Bagengola, Distt. Buxar, At present R/O Aadarshnagar Ward No. 11, P.S. Buxar (T), District-Buxar. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dr. Kamal Deo Sharma For the Opposite Party/s : Mr. Sri Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-10-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered under Sections 147, 148, 149, 307, 326 of the Indian Penal Code and 27 of the Arms Act.
The prosecution case, in brief, is that while in course of returning from market, the informant reached near the house of Manish Kumar, the named accused persons along with some unknown persons surrounded him and started abusing. On protest made by him, the accused persons caused injury upon him by means of Lathi and Danda.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The
Patna High Court Cr.Misc. No.64753 of 2018 (2) dt.25-10-2018 petitioner has been falsely implicated in the present case. The main allegation is against co-accused Diwakar Yadav who fired upon the informant. General and omnibus allegation has been made against the petitioner. The allegation against rest of the accused persons including the petitioner is of assaulting the informant by Lathi and Danda. As per injury report, there is only one injury caused by fire-arms. The allegation made in the FIR in respect of assault by Lathi and Danda does not find support from the injury report.
On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner, 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) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Buxar (T) P.S. Case No. 434 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) A.K.V./- U T