Ashok Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49406 of 2022 Arising Out of PS. Case No.-44 Year-2022 Thana- DAGARUA District- Purnia ====================================================== 1.

ASHOK CHOUDHARY Son of Ghotai Choudhary Resident of Village - Babhani, P.S.- Dagarua, District - Purnea.

2.

Raj Kishore Choudhary Son of Sadanand Choudhary Resident of Village - Babhani, P.S.- Dagarua, District - Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Prawesh Kumar For the Opposite Party/s :

Mrs. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-12-2022 Heard the parties.

Learned counsel for the petitioners is directed to remove the defects within four weeks.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 307, 436, 504, 506 of the Indian Penal Code. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no specific overt act

Patna High Court CR. MISC. No.49406 of 2022(2) dt.08-12-2022 2/2 against the petitioners. The allegation against the petitioners is that they assaulted the informant and his father but the injuries are found to be simple in nature. Petitioner no.1 has no criminal antecedent and petitioner no.2 has one criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, since the injuries are simple in nature, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each 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 Dagarua P.S. Case No.44 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T