Rajendra Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15840 of 2016 Arising out of PS.Case No. -44 Year- 2015 Thana -ALIPUR District- GAYA ====================================================== Rajendra Choudhary, S/o Kauleshwar Choudhary, r/o Village - Mirabigha, P.S. - Alipur, District - Gaya.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Kundan Kumar Singh, Advocate. For the Opposite Party : Mr. P.K.Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-05-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Alipur P.S. Case No. 44 of 2015 for the offences instituted under Sections 147, 148, 149, 341, 323, 324, 307, 337, 338, 153(A), 109, 195, 504, 506, 509 of the IPC and 27 of the Arms Act.

The prosecution story, in brief, is that while the informant after attending the meeting was returning his house the petitioner and others who were the members of the Muslim Community started raising hulla by saying the word "Chor-Chor" near the Imambara. The informant went there. The petitioner and others assaulted the informant. The members of the Hindu

Patna High Court Cr.Misc. No.15840 of 2016 (2) dt.16-05-2016 2/2 Community also arrived there who were also assaulted by them. They also fired there and thrown stones upon the house of the informant in the night.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is an admitted land dispute between the parties. A proceeding under Section 144 Cr. P.C. was also initiated between the parties. There is no specific allegation against the petitioner to assault any person. The allegations are omnibus in nature against the petitioner and other. On behalf of the State it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Alipur P.S. Case No. 44/2015 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. Ist Class, Gaya, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U.K./- (Sudhir Singh, J) U T