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Patna High CourtCR. MISC./30426/2024allowed

Pankaj Chaudhary v. The State Of Bihar

2024-05-20Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30426 of 2024 Arising Out of PS. Case No.-1903 Year-2023 Thana- NAWADA District- Nawada ====================================================== Pankaj Chaudhary Son of Bindeshwar Choudhary Resident Of VillageChoudhary Nagar Nawada PS- Nawada District Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 20-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Nawada Town P.S. Case No. 1903 of 2023 instituted under Sections 341, 323, 307, 379, 504, 506 and 34 of the Indian Penal Code.

3. The allegation against the petitioner as per the prosecution case is that due to throwing water in the house by the children of the informant, he has attacked on the head of the informant by iron bucket causing injury on the head of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The parties are agnates and due to some partition dispute,

Patna High Court CR. MISC. No.30426 of 2024(2) dt.20-05-2024 2/2 and also due to sudden provocation the occurrence took place. The injury on the injured is simple in nature. He further submits that the petitioner has no criminal antecedent and he undertakes to co-operate in the trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount to each to the satisfaction of the learned Chief Judicial Magistrate, Nawada in connection with Nawada Town P.S. Case No. 1903 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) ashishkr/- U T