Heeraman Chaudhari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31882 of 2019 Arising Out of PS. Case No.-75 Year-2019 Thana- DURGAWATI District- Kaimur (Bhabua) ====================================================== HEERAMAN CHAUDHARI, aged about 19 years (Male), S/o Rameshwar Chaudhari @ Rajeshwar Chaudhari, R/o village- Bhatauli, P.S.- Mohaniya, District- Kaimur at Bhabua.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Ajay Kumar Singh, Advocate.

For the Opposite Party :

Mr.Sunil Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-05-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 18.03.2019 in a case for the offence registered under Sections 341, 323, 307, 386 and 379/34 of the IPC.

The prosecution story, in brief, is that on 17.03.2019 when the informant was taking his Truck loaded with sand to Naubatpur (U.P.) and while passing near the Mohana Toll Plaza, he was stopped by 4-5 persons on Motorcycles and demanded Rs. 1,00,000/- as Rangdari which the informant declined. Upon which, they attacked him with Lathi and Danda, as a result of which, he sustained injuries. They forcibly took away Rs. 51,000/-and three Mobile Phones from him. Thereafter, he was

Patna High Court CR. MISC. No.31882 of 2019(2) dt.16-05-2019 2/3 thrown out from the Truck and again beaten with Lathi and Danda. When local persons and passers-by started approaching, they fled away in the said Truck which was later found in abandoned condition. The villagers identified the accused persons and stated that they work under one Prince Singh, who is in the business of repossessing vehicles under finance from Mahendra Chola Finance Company. Thereafter, He was admitted in the Sub Divisional Hospital, Mohania. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case.

General and omnibus allegation has been made against the petitioner. Nature of injury is said to be simple. No office under Section 307 of the IPC is made out. On behalf of the State, it is submitted that the petitioner is named in the F.I.R/ Complaint Case. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Kaimur at Bhabua in connection with Durgawati P.S. Case No.

Patna High Court CR. MISC. No.31882 of 2019(2) dt.16-05-2019 3/3 75 of 2019.

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