Khantar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30999 of 2020 Arising Out of PS. Case No.-151 Year-2018 Thana- TIKAPATTI District- Purnia ====================================================== 1.

KHANTAR CHOUDHARY S/o Late Shivdhari Choudhary R/o Vill-Sapaha, P.S.-Tikapatti, District-Purnea.

2.

Raja Choudhary @ Raja Kumar S/o Khantar Choudhary R/o Vill-Sapaha, P.S.-Tikapatti, District-Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijendra Kumar Singh For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-01-2021 Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 324, 307, 504, 506/34 of the Indian Penal Code.

Allegedly, in the backdrop of fixing Tatiya, the dispute arose between the parties. It is further alleged that the accused persons started abusing the informant and on protest, they assaulted the informant as a result of which, the informant's nephew sustained injury.

It has been submitted on behalf of the petitioners that the

Patna High Court CR. MISC. No.30999 of 2020(2) dt.25-01-2021 2/2 petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. There is case and counter case between the parties. Free fight is alleged to have taken place between the parties. The injury on the side of the accused 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 petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, let the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Dibya Prakash, learned Judicial Magistrate-Ist Class, Purnea in connection with Tikapatti P.S. Case No. 151 of 2018 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