Aashish Bhardwaj @ Ashish Bhardwaj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25866 of 2022 Arising Out of PS. Case No.-1006 Year-2021 Thana- ARARIA District- Araria ====================================================== Aashish Bhardwaj @ Ashish Bhardwaj Son Of Sudhir Jha R/O VillageChattar, P.S.- Araria, District- Araria ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Ramesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-11-2022 Heard learned counsel for the petitioner and learned counsel for the State.

Learned counsel for the petitioner is directed to remove the defect(s) as pointed out by the office within a period of four weeks.

The petitioner is apprehending his arrest in a case registered under Sections-147, 149, 341, 323, 324, 307, 379, 379, 504, 506 of the Indian Penal Code.

Prosecution case in short is that the petitioner along with others abused the informant and on protest, the informant was assaulted by accused persons as a result of which, he sustained injury. When the family members of the informant came to rescue, they were also assaulted.

It is submitted on behalf of the petitioner that there is

Patna High Court CR. MISC. No.25866 of 2022(2) dt.14-11-2022 2/2 no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. There is case and counter case between the parties. Annexure-2 is the counter case. Free fight is alleged to have taken place. The injury on the side of the accused has not been explained by the prosecution. The prosecution has not come with clean hands.

Learned counsel for the State submits that the petitioner is named in the FIR.

Considering the aforesaid facts and circumstances, let the petitioner named above, in the event of arrest/surrender before the learned court below within a period of twelve 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, Araria in connection with Araria P.S. Case No. 1006 of 2021 subject to the conditions as laid down under Section438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V.//- U T