Awadh Kishor Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19737 of 2015 Arising Out of PS.Case No. -475 Year- 2014 Thana -SIWAN MUFFASIL District- SIWAN ====================================================== Awadh Kishor Chaudhary son of Chandrama Chaudhary, r/o VillageKandhwara, P.S.- Siwan (Muffasil), District- Siwan. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar For the Opposite Party/s : Mr. G. S. Gupta(A.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 01-07-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Siwan (Muffasil) P.S. Case No. 475 of 2014 registered under Sections 147, 148, 149, 323, 307, 379, 354 of the Indian Penal Code and Section 27 of the Arms Act.

The accusation of informant is that 15 persons including this petitioner armed with different weapons surrounded the informant and assaulted him. When Shailesh Chaudhary rushed to save him then co-accused Vyas Chaudhary assaulted him with iron rod, at that time, this petitioner opened fire given threatening not to lodge F.I.R. regarding the incident. Learned counsel appearing on behalf of the

Patna High Court Cr.Misc. No.19737 of 2015 (3) dt.01-07-2015 2/2 petitioner submits that in fact, on the basis of the complaint petition, Siwan (Muffasil) P.S. Case No. 396 of 2014 has been lodged by the brother of this petitioner against Sailesh Yadav and others. Due to that reason, Sailesh got managed to lodge the present case. Moreover, 11 co-accused persons have been allowed anticipatory bail by a Bench of this Court vide Cr. Misc. No. 16212 of 2015 on 30.04.2015. It is also submitted that petitioner has no criminal antecedent.

Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the C.J.M., Siwan in connection with Siwan (Muffasil) P.S. Case No. 475 of 2014, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Rajendra Kumar Mishra, J.) Shail/- U T