Upendra Choudhary And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23596 of 2018 Arising Out of PS.Case No. -2 Year- 2018 Thana -TIKAPATTI District- PURNIA ======================================================

1. Upendra Choudhary, Son of Late Chhedi Choudhary,

2. Rajendra Mandal @ Bangta, Son of Bishu Mandal, Both resident of Village+P.S.- Tikapatti, District- Purnea.

.... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Vikdramdeo Singh with Mr. Bijendra Kumar Singh For the Opposite Party/s : Mr. Braj Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-06-2018 Petitioners apprehend their arrest in connection with Tikapatti P.S.Case No. 02 of 2018 registered for the offences punishable under Sections 341, 323, 307 and 34 of the Indian Penal Code.

Petitioners are named in the FIR and allegation against petitioner No.2 is that he assaulted by iron rod to the informant, causing injury.

Submission of learned counsel for the petitioners is that there is no allegation of assault against petitioner No.1 and main allegation of assault is against petitioner No.2 but there is delay of 19 days in lodging the FIR.

Heard learned APP also, who has opposed the prayer for

Patna High Court Cr.Misc. No.23596 of 2018 (4) dt.25-06-2018 2/2 anticipatory bail stating that injury is grievous in nature. Having heard both sides and in the facts and circumstances, let petitioner No.1 surrender within a period of six weeks from the receipt of this order and on his so surrendering he shall be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Sri D. Prakash, Judicial Magistrate, 1st class, Purnea, in connection with Tikapatti P.S.Case No. 02 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further conditions are that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned.

So far petitioner No.2 is concerned, he should surrender and pray for regular bail, which shall be considered on its own merit.

With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) spal/- U