Bhikhru Chaudhary @ Vikram Chaudhary @ Vikram Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41158 of 2023 Arising Out of PS. Case No.-16 Year-2023 Thana- BALIGAON District- Vaishali ====================================================== BHIKHRU CHAUDHARY @ VIKRAM CHAUDHARY @ VIKRAM KUMAR Son of Late Shankar Chaudhary @ Shankar Mahto Resident of Village - Rupan Patti Dashkurba, P.S. - Baligaon, Dist. - Vaishali at Hajipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Niranjan Parihar, Advocate For the Opposite Party/s :

Mr. Lalan Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-08-2023

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 offence punishable under Section 392 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that petitioner has antecedent of four cases.

4. The informant alleges that accused persons intercepted him and looted away Rs.1,49,000/- and the petitioner was identified.

5. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. It is further submitted that petitioner is a co-villager of the informant as such it does not appear probable that the petitioner would

Patna High Court CR. MISC. No.41158 of 2023(2) dt.04-08-2023 2/3 have been present at the place of occurrence. It is next submitted that since there was a pre-existing dispute between the informant and the petitioner as such he came to be implicated. It is also submitted that on intervention of the well wishers, the informant has compromised the case and a compromise petition has been filed before the learned trial court.

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 Baligaon P.S. Case No. 16 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

8. However, the learned trial court before accepting the bail bonds of the petitioner shall verify from the informant as to whether the compromise entered into is genuine or not or has been filed under any coercion and if the informant does not

Patna High Court CR. MISC. No.41158 of 2023(2) dt.04-08-2023 3/3 support the compromise then the present anticipatory bail order shall not be given effect to.

(Satyavrat Verma, J) Kundan/- U T