Dhurendra Patel v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45037 of 2022 Arising Out of PS. Case No.-57 Year-2019 Thana- CHANPATIA District- West Champaran ====================================================== DHURENDRA PATEL SON OF LATE JANG BAHADUR PATEL R/O VILLAGE- PAKARIHAR, P.S.- CHANPATIA, DIST.- WEST CHAMPARAN ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjeev Kumar Shrivastava, Advocate For the Opposite Party/s :
Mr. Nawal Kishore Prasad, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 307, 324, 387, 379, 504, 147, 149 and 506 of the Indian Penal Code.
The informant alleges that on orders of Hira, the petitioner assaulted him by knife causing injury. Learned counsel for the petitioner submits that the petitioner has antecedent of one case and has been falsely implicated in the present case, it is next submitted that the date of occurrence is 15.02.2019 and the FIR came to be
Patna High Court CR. MISC. No.45037 of 2022(2) dt.20-12-2022 2/3 instituted on 24.02.2019 i.e., after a delay of nine days, it is next submitted that the FIR has been instituted based on written application by the informant who himself came to be an injured. Learned counsel next submits that it absolutely does not stand to reason that if the petitioner would have been assaulted in the manner alleged then definitely he would have been taken to the hospital for treatment and the fardbeyan would have recorded at the hospital but from perusal of injury report of M.J.K. Hospital, Bettiah (Annexure-2) it would manifest that the same does not record any injury, it is next submitted that thereafter the petitioner manipulated the injury by getting himself admitted in one Rahmania Hospital at Motihari. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
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 trial court 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
Patna High Court CR. MISC. No.45037 of 2022(2) dt.20-12-2022 3/3 each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Chanpatia P.S. Case No. 57 of 2019 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) GauravSinha/- U T