Binod Chourasiya @ Binod Bhagat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55019 of 2018 Arising Out of PS. Case No.-45 Year-2018 Thana- SATHI District- West Champaran ====================================================== Binod Chourasiya @ Binod Bhagat Son of late Bahadur Chourasiya Resident of Village- Bheriharwa, Police Station- Sathi, District- West Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Prasad Singh For the Opposite Party/s :
Mr. Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-10-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered under Sections 147, 148, 149, 447, 341, 323, 302, 504, 506 of the Indian Penal Code.
The prosecution case, in short, is that the accused persons including the petitioner abused the informant's father. When the informant and his wife came to save him, they assaulted them by means of lathi. The wife of the informant died due to the injuries caused in course of occurrence.
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 has been made accused due to mistake of fact. There
Patna High Court Cr.Misc. No.55019 of 2018(2) dt.01-10-2018 2/2 is property dispute between the parties. Both parties are agnates. General and omnibus allegation has been made. No specific injury has been attributed against the petitioner. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six 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, West Champaran, Bettiah in connection with Sathi P.S. case No.45 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T