Aniket Choudhary @ Anikesh Kumar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48415 of 2017 Arising Out of PS.Case No. -147 Year- 2017 Thana -MANJHI District- SARAN ====================================================== Aniket Choudhary @ Anikesh Kumar Choudhary, S/o Binod Choudhary, R/o Village- Dhani Chapra, P.S.- Manjhi, District- Saran. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Anant Kumar Bhaskar, Advocate For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 17-10-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks pre-arrest bail in connection with Manjhi P. S. Case No. 147 of 2017 registered under Sections 341, 323, 354, 506/34 of the Indian Penal Code. It is contended by the learned counsel for the petitioner that the instant case is counter blast of Manjhi P. S. Case No. 148 of 2017 registered under Sections 341, 342, 323, 324 and 506/34 of the Indian Penal Code on the basis of written application of uncle of the petitioner, namely, Anurag Kumar Choudhary due to ongoing land dispute. On 17.07.2017, at 12 O'clock at night, the petitioner was called by Vikash Choudhary

Patna High Court Cr.Misc. No.48415 of 2017 (2) dt.17-10-2017 2/3 and was brutally assaulted causing eight injuries, most of which were incised wound on vital part of his body, as a result of which he became unconscious and, in the night, he was brought to PHC, Manhi where he was treated at 2.10 am. Thereafter, he was referred to Sadar Hospital, Chapra where necessary treatment was made and in course of the same CT Scan was advised for which he was referred to PMCH, Patna. He submitted that the case against the petitioner has been fabricated in which the date of occurrence is said to be 16.07.2017 but for no plausible reason, the FIR was instituted after two days on 18.07.2017.

Learned Additional Public Prosecutor for the State has opposed the application for grant of pre-arrest bail to the petitioner.

Regard being had to the submissions made above and the fact that except Section 354 of the Indian Penal Code, all other Sections are bailable in nature, the petitioner named above is directed to be released on bail on furnishing bail bond of Rs.10,000/- ( Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-V, Saran at Chapra in Manjhi P. S. Case No. 147 of 2017, subject to the conditions as laid down under Section 438 (2) of the Code of

Patna High Court Cr.Misc. No.48415 of 2017 (2) dt.17-10-2017 3/3 Criminal Procedure, in the event of arrest or surrender before the court below within six weeks from today.

(Ashwani Kumar Singh, J.) Kanchan/- U T