Ramnath Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22392 of 2022 Arising Out of PS. Case No.-315 Year-2020 Thana- KUMAR KHAND District- Madhepura ====================================================== RAMNATH CHAUDHARY Son of Late Baleshwar Chaudhary Resident of Village - Rahta, P.S.- Kumarkhand, District - Madhepura. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Wasi Ahmad Khan, Advocate For the Opposite Party/s :

Mr.Tarun Prasad Mandal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 447, 341, 323, 384, 385, 354A, 379, 504 and 34 of the Indian Penal Code. The informant alleges that on account of dispute relating to land the accused persons came and assaulted and the petitioner assaulted Vikash by lathi causing fracture of left leg and took silver locket of the informant.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and has been falsely implicated by way of afterthought, it is next submitted that no doubt the injury suffered by Vikash is said to be grievous but if the injury was grievous for which he was treated in a hospital

Patna High Court CR. MISC. No.22392 of 2022(2) dt.07-11-2022 2/3 then the hospital definitely would have informed the police that on account of assault, the victim was admitted in the hospital but from perusal of the FIR it manifest that the same was instituted based on a written application of the informant which creates doubt with regard to the veracity of the allegation, it appears that the occurrence took place in some other manner and the informant took advantage of the same by falsely implicating the petitioner in the case. Learned counsel further submits that the occurrence is dated 14.12.2020 and the FIR was instituted on 25.12.2020 i.e., after a delay of eleven days without any plausible explanation.

It is further submitted that even the alleged injury is on non-vital part of the body.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case

Patna High Court CR. MISC. No.22392 of 2022(2) dt.07-11-2022 3/3 is pending/successor court in connection with Kumarkhand P.S. Case No. 315 of 2020 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) HarshPandey/- U T