Ramashray Choudhary @ Ramashary Chaudhari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39744 of 2022 Arising Out of PS. Case No.-130 Year-2021 Thana- PARBATTA District- Khagaria ====================================================== RAMASHRAY CHOUDHARY @ RAMASHARY CHAUDHARI SON OF LATE UPENDRA CHOUDHARY @ UPENDRA CHAUDHARI R/O VILLAGE - KANHAIYACHAK, P.S.- PARBATTA, DISTRICTKHAGARIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Kumar No 13, Advocate For the Opposite Party/s :

Mr. Arun Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-11-2022 Heard learned counsel for the petitioner, the informant and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 324, 307, 354(B), 379, 447 and 504 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent. The informant alleges that accused persons including the petitioner came to his house and petitioner and Ram Kumar Choudhary assaulted with rod and khanti causing injury on the head of his mother, Bipul Kumar assaulted Anshu with knife on

Patna High Court CR. MISC. No.39744 of 2022(2) dt.21-11-2022 2/3 his left hand and Raj Kumar assaulted him on the hand by lathi and thereafter Chamcham Devi along with Kumkum Devi took away jewellery.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. It is further submitted that even from perusal of the injury report, it would manifest that the injury is simple in nature though on vital part of the body i.e. head but then it can be safely construed that petitioner never intended to commit a serious occurrence nor the blow was repeated. It is next submitted that the injury caused to Anshu by knife is grievous but then petitioner is not alleged to have assaulted Anshu. Learned A.P.P. for the State and the informant opposed the prayer for anticipatory bail of the petitioner but are not able to meet the submission of the learned counsel for the petitioner that the blow was not repeated and the injury is simple in nature.

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/-

Patna High Court CR. MISC. No.39744 of 2022(2) dt.21-11-2022 3/3 (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 Parbatta P.S. Case No. 130 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T