Dilip Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38562 of 2022 Arising Out of PS. Case No.-105 Year-2022 Thana- MADHUBANI TOWN DistrictMadhubani ====================================================== DILIP KUMAR CHAUDHARY S/o Upendara Chaudhary R/o villageNoniya Toli, Ward No. 14, P.S.- Town, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhavesh Kumar Sah, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-08-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 448, 341, 323, 354(B), 379, 308, 504 and 506/34 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that petitioner has antecedent of one case.

4. The informant alleges that his son intervened to stop an altercation between Arjun Kumar and Dilip Kumar thereafter the accused persons including the petitioner assaulted them, further he involved in liquor trade and even outraged the modesty of his wife.

5. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. It is further submitted that from bare perusal of the allegation as alleged in the FIR, it would manifest that on account of existing dispute the present

Patna High Court CR. MISC. No.38562 of 2022(3) dt.03-08-2023 2/2 false case has been instituted as the informant side falsely alleged that petitioner and the accused persons were involved in liquor trade for which a case under the Excise Act was instituted. It is next submitted that even the allegation of assault is general and omnibus in nature.

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

7. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Madhubani Town P.S. Case No. 105 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

8. Learned counsel for the petitioner is permitted to file a hard copy of the supplementary affidavit.

(Satyavrat Verma, J) Kundan/- U T