Pankaj Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33216 of 2020 Arising Out of PS. Case No.-149 Year-2020 Thana- AMARPUR District- Banka ====================================================== 1.

Pankaj Choudhary Son of Ganesh Choudhary Resident of VillageKushmaha, P.s.- Amarpur, District- Banka 2.

Vinod Choudhary S/o Naresh Choudhary Resident of Village- Kushmaha, P.s.- Amarpur, District- Banka ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Vibhakar Kumar For the Opposite Party/s :

Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-02-2021 Learned counsel for the petitioners is directed to remove the defects, 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, 354, 307, 447, 504, 507 and 34 of the Indian Penal Code.

The prosecution allegation, in short, is that the accused persons, variously armed, came to the house of the informant and used filthy language against his wife and on protest, the accused persons assaulted the informant due to which he

Patna High Court CR. MISC. No.33216 of 2020(2) dt.24-02-2021 2/2 sustained injury.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case due to previous enmity. The nature of injury is said to be simple. Hence, no offence under Section 307 IPC is made out.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioners, 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, Banka in connection with Amarpur P.S. Case No. 149 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Pankaj/- (Sudhir Singh, J) U T