Harender Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39509 of 2021 Arising Out of PS. Case No.-97 Year-2020 Thana- CHANDI District- Bhojpur ====================================================== HARENDER CHAUDHARY Son of Suresh Chaudhari Resident of Village - Narbirpur, P.S.- Chandi, District - Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-03-2022 Heard learned counsel for the petitioner and learned APP 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 Chandi P.S. Case No. 97 of 2020 registered under Sections 341, 323, 307, 332, 333, 353, 504, 506/34 of the Indian Penal Code.

Prosecution case in short is that the petitioner along with his brothers was found indulged in fight with another brother. When the police reached, they saw one brother of the petitioner injured. The petitioner is said to have given iron rod blow on the head of the informant who is a police officer.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner

Patna High Court CR. MISC. No.39509 of 2021(3) dt.24-03-2022 2/2 has been falsely implicated in the present case. From perusal of the injury report, it is evident that the nature of injury is said to be simple. For a petty reason, a scuffle is said to have taken place. No offence u/S 307 of the Indian Penal Code is made out. Single iron rod blow is said to have been given. There is no allegation of repetition of blow.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Chandi P.S. Case No. 97 of 2020 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T