Dilip Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 20185 of 2015 Arising Out of PS.Case No. -92 Year- 2014 Thana -MARKAHI District- KHAGARIA ====================================================== Dilip Chaudhary S/o Raj Kumar Chaudhary Resident of Village - Jhima, P.S. Morkahi, District - Khagaria.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Ram Sumiran Rai For the Opposite Party : Mr. Upendra Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

18-06-2015 Heard Sri Ram Sumiran Rai, learned counsel for the petitioner and Sri Upendra Kumar, learned Addl. Public Prosecutor.

The sole petitioner, apprehending his arrest in connection with Markahi P.S. Case No. 92 of 2014 registered for the offence under Section 307 & other allied sections of the Indian Penal Code and section 27 of the Arms Act, 1959, has prayed for grant of anticipatory bail.

Learned counsel for the petitioner, by way of referring to F.I.R., submits that on perusal of the F.I.R., it is evident that there was no intention to kill the informant, otherwise there was no question for giving blow from the back side of katta on the face of the informant. The said allegation was not made against the petitioner. By way of referring to paragraph - 11 of the petition,

Patna High Court Cr.Misc. No.20185 of 2015 (2) dt.18-06-2015 2/2 he submits that other four accused persons, namely; Raj Kumar Choudhary, Sarjan Choudhary, Tima @ Kapildeo Choudhary and Raja Choudhary have already been extended the privilege of anticipatory bail by this Court, vide order dated 19-01-2015 passed in Cr. Misc. No. 2023 of 2015.

Learned Addl. Public Prosecutor ofcourse opposes the prayer of anticipatory bail, but he accepts that petitioner's case stands on better footing than one of the co-accused Raja Choudhary.

In view of the facts and circumstances, there is no reason to deny the prayer of petitioner for grant of anticipatory bail.

Accordingly, in the event of arrest or surrender before the court below within a period of one month from today let the petitioner namely Dilip Choudhary be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria in connection with Markahi P.S. Case No. 92 of 2014, subject to condition laid down under Section 438(2) of the Cr.P.C.

(Rakesh Kumar, J.) Anay U T