Pankaj Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20958 of 2017 Arising Out of PS.Case No. -196 Year- 2015 Thana -MAHESI District- SAHARSA ====================================================== Pankaj Choudhary Son of Late Jeetan Choudhary, Resident of VillageMurli, P.S.- Mahishi, District- Saharsa. .... .... Petitioner/s

Versus

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

For the Petitioner/s : M/s Pramod Mishra, Ashok Kumar Mishra, Advs. For the Opposite Party/s Sri D. Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 12-05-2017 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State. The petitioner is accused in connection with Mahishi P.S. Case No. 196 of 2015 registered for the offences punishable under Sections 448, 341, 323, 324 308, 380, 354A and 504/34 of the Indian Penal Code.

The accusation is that on 15.09.2015, the informant was in his courtyard where he was getting the work by two labourers. At that time, four persons, named in the F.I.R., including the petitioner reached there and started abusing and asked them not to do the work. On protest made by the informant Radheshyam Choudhary, this petitioner gave sword blow to him causing cut injury in his hand. In that course, Vibek Choudhary gave iron blow to the informant causing injury at his head.

Patna High Court Cr.Misc. No.20958 of 2017 (2) dt.12-05-2017 2/2 Thereafter, Seema Devi through iron rod and Aditya Chaudhary through lathi caused injury to the informant. When the wife of the informant came there to save the informant, she was also assaulted by the accused persons.

Learned counsel appearing on behalf of the petitioner submits that the present case is a counter blast to Mahishi P.S. Case No. 189 of 2015, which was lodged on the basis of the written report of Seema Devi under sections 448, 341, 323, 308, 354, 380 and 506 of the Indian Penal Code against the informant and others. The petitioner is in custody since 07.03.2017. Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Saharsa in connection with Mahishi P.S. Case No. 196 of 2015, subject to the condition that out of two sureties, one surety must be the close relative of the petitioner.

(Rajendra Kumar Mishra, J) Mahesh/- U T