Suresh Choudhary And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60890 of 2018 Arising Out of PS. Case No.-154 Year-2018 Thana- MAKHDUMPUR District- Jehanabad ======================================================

1. Suresh Choudhary, Son of Late Shyam Lal Choudhary.

2. Karan Kumar Choudhary @ Karan Choudhary, Son of Suresh Choudhary. Both are resident of Village- Malathi, Police StationMakhdumpur, District- Jehanabad. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Rajesh Kumar, Advocate For the Opposite Party/s :

Mr. Sri Anil Kuma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 05-11-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in connection with Makhdumpur P.S. Case No.154 of 2018, registered for the offences punishable under Sections 341/323/325/307/504/34 of the Indian Penal Code.

Petitioner Suresh Choudhary allegedly caused injury with lathi at the head of the informant. The doctor found injury at the head of the informant simple in nature. Allegation against petitioner Karan Kumar Choudhary @ Karan Choudhary is of commission of assault with fists and slaps.

Considering the fact that petitioner Suresh Choudhary had knowledge that his act might cause death, I am not inclined

Patna High Court Cr.Misc. No.60890 of 2018(3) dt.05-11-2018 2/2 to grant anticipatory bail to the petitioner. Hence, the prayer for anticipatory bail is refused. However, in the event of surrender of the petitioner, the prayer for regular bail shall be disposed of without being prejudiced by the order of this Court. Let petitioner Karan Kumar Choudhary @ Karan Choudhary, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court-below where the case is pending in connection with Makhdumpur Police Station Case No.

154 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. Accordingly, the application stands disposed of. (Birendra Kumar, J) Mkr.