Pankaj Chaudhary @ Dinesh @ Dinesh Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26849 of 2022 Arising Out of PS. Case No.-25 Year-2022 Thana- RAJGIR District- Nalanda ====================================================== 1.

Pankaj Chaudhary @ Dinesh @ Dinesh Chaudhary Son Of Munshi Chaudhary R/O Village- Dumri, P.S.- Rajgir, District- Nalanda 2.

Munshi Chaudhary Son Of Haro Chaudhary R/O Village- Dumri, P.S.- Rajgir, District- Nalanda ... ... Petitioners

Versus

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

For the Petitioner/s :

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

Mr.Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-11-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners seeks permission to withdraw the present application in respect of petitioner No. 2 as he has been taken into judicial custody.

Permission is accorded.

The application is dismissed as withdrawn in respect of petitioner No. 2.

Learned counsel for the petitioner No. 1 is directed to remove the defect(s), as pointed out by the Office, within a period of four weeks.

The petitioner No. 1 is apprehending his arrest in a

Patna High Court CR. MISC. No.26849 of 2022(2) dt.14-11-2022 2/3 case registered under Sections323, 341, 307, 504, 506 of Indian Penal Code and Section 27 of the Arms Act.

The prosecution case, in short, is that the accused persons, variously armed, assaulted brother of the informant due to which he sustained injury. The accused persons fired at the informant when he came to save his brother.

It has been submitted on behalf of the petitioner No. 1 he has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner No. 1. The petitioner No. 1 has falsely been implicated in the present case. General and omnibus allegation has been levelled against petitioner No. 1. There is a case and counter case between the parties. A free fight is alleged to have taken place. The injury on the accused side has not been explained by the prosecution. The prosecution has not come with clean hands.

On behalf of the State, it is submitted that the petitioner No. 1 is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner No. 1, above named, 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

Patna High Court CR. MISC. No.26849 of 2022(2) dt.14-11-2022 3/3 sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Rajgir P.S. Case No. 25/2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T