Ram Sagar Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40157 of 2020 Arising Out of PS. Case No.-131 Year-2020 Thana- JANDAHA District- Vaishali ====================================================== RAM SAGAR CHAUDHARY, SON OF RAM PUKAR CHAUDHARY RESIDENT OF VILLAGE- VISHANUPATTY, P.S.- JANDAHA, DISTRICT- VAISHALI ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N. K. Agrawal, Sr. Advocate Ms. Bela Singh, Advocate Ms. Preety Kumari, Advocate For the Opposite Party/s :
Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 10-06-2021 Heard Mr. Nawal Kishore Agrawal, learned senior Advocate for the petitioner and Mr. Parmanand Kumar, learned APP for the State.
The petitioner seeks bail in anticipation of his arrest in connection with Jandaha P. S. Case No. 131 of 2020, dated 14.08.2020, instituted for the offences
2/4 under Sections 147, 148, 341, 323, 337, 307, 504 and 506 of the Indian Penal Code.
The petitioner is a PDS dealer who is said to have assaulted one Ram Sikil Chaudhary by means of a Farsa which has caused simple injury to him.
Mr. Agrawal, learned senior Advocate for the petitioner has drawn the attention of this Court to the injury report which has described the injury as simple in nature but the probability of such injury becoming dangerous to life in future also has not been ruled out. However, learned counsel for the petitioner has submitted that there is a reason for falsely implicating the petitioner in this case. The injured / Ram Sikil Chaudhary was one of the customers associated with the Public Distribution Shop of the petitioner. But because of some family dispute, every time that the injured came to his shop for lifting his ration, he created confusion and also was abusive towards the petitioner. Vexed by this, the petitioner had made a representation before the
3/4 concerned authority for delisting Ram Sikil Chaudhary / injured from the list of beneficiaries associated with the Public Distribution Shop of the petitioner.
Apart from this, it has been submitted that the F.I.R. has been lodged after a delay of about nine (9) days without giving any plausible reason for such delay. Even the F.I.R. refers to some kind of an earlier dispute between the petitioner and the injured and therefore it was alleged that this occurrence has taken place. Considering the afore-stated facts and taking into account that the petitioner does not have criminal antecedents, he is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-divisional Judicial Magistrate, Vaishali, in connection with Jandaha P. S. Case No. 131
4/4 of 2020, subject to the conditions as laid down under Section 438 (2) Cr.P.C.
The application stands allowed.
(Ashutosh Kumar, J) skm/- U T