Rajesh Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67406 of 2018 Arising Out of PS. Case No.-144 Year-2018 Thana- WAJIRGANJ District- Gaya ====================================================== Rajesh Chaudhary, Son of Lakhan Choudhary, Resident of Village-Tarwan, P.S.-Wagirganj, District-Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nand Kishore Prasad Sinha For the Opposite Party/s :

Smt. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-11-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 307, 385, 379, 504, 506 and 427/34 of the Indian Penal Code.

The prosecution case, in short, is that when the informant went to inspect the sand ghat, the accused persons including the petitioner assaulted him due to which he sustained injury.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. There is no injury report on record in support of

Patna High Court Cr.Misc. No.67406 of 2018(2) dt.22-11-2018 2/2 the allegations made in the F.I.R.. Hence, no offence under Section 307 IPC is made out.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Addl. Chief Judicial Magistrate, 1st, Gaya in connection with Wajirganj P.S. Case No. 144 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T