Pintu Chaudhari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74116 of 2018 Arising Out of PS. Case No.-197 Year-2017 Thana- NOKHA District- Rohtas ====================================================== Pintu Chaudhari, Son of Satyendra Chaudhari, Resident of Village- Sisirit Chaudhary Tola, Police Station- Nokha, (Dharmapura), District- Rohtas at Sasaram.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raghunandan Kumar Singh For the Opposite Party/s :

Mr. Sri Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 147, 148, 149, 323, 307, 504, 506, 353, 427 of the Indian Penal Code.

The prosecution case, in short, is that when the informant along with other police party reached near the house of the accused person in connection with search, the accused persons attacked on the police party and started pelting stones and bricks due to which they received injuries. 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

Patna High Court Cr.Misc. No.74116 of 2018(2) dt.17-12-2018 2/2 petitioner. The petitioner has falsely been implicated in the present case. No liquor is said to have been recovered. An scuffle is said to have taken place among the local residents. No one is said to have injured in course of occurrence. Hence, Hence, no offence under Section 307 IPC is made out. Rest of the offences are triable by the Magistrate.

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 learned Sub-JudgeIX-cum- ACJM, Rohtas, Sasaram in connection with Nokha (Dharmapura) P.S. Case No. 197 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T