Savaru Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35235 of 2019 Arising Out of PS. Case No.-329 Year-2018 Thana- MIRGANJ District- Gopalganj ====================================================== SAVARU CHOUDHARY Son of Late Ram Janam Choudhary Resident of Village- Bhagirathi, P.S.- Mirganj, District- Gopalganj. ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Dhramveer, Advocate For the Opposite Party :

Mr.Ajit Kumar, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-05-2019 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, 341, 323, 307, 379,354, 448, 504, 302 of the Indian Penal Code.

The prosecution case, in short, is that while the informant was sitting at his darwaja, the accused persons, variously armed, came and assaulted his uncle and other family members due to which his uncle succumbed to the injury. 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 falsely been implicated in the present case. Co-accused namely Brajesh Yadav, Sujit Kumar

Patna High Court CR. MISC. No.35235 of 2019(2) dt.30-05-2019 2/2 and Chote Lal Yadav are alleged to have assaulted the deceased. There is no allegation of assault alleged against this petitioner. Except for general and omnibus allegation of assault against the informant and her aunt, no specific allegation of overt act is alleged against the petitioner. Other co-accused Ajay Kumar Yadav has already been allowed anticipatory bail by a bench of this Court vide order dated 12.3.2019, passed in Cr.Mis.No. 15190 of 2019.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below it hin 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 Addl. Chief Judicial Magistrate XVI, Gopalganj in connection with Mirganj P.S. Case No.329 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure (Prabhat Kumar Singh, J) Shashi U T