Bholu Choudhary @ Bhola Prasad Choudhary And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51774 of 2016 Arising Out of PS.Case No. -34 Year- 2016 Thana -AMARPUR District- BANKA ======================================================
1. Bholu Choudhary @ Bhola Prasad Choudhary
2. Nirmala devi Wife of Bholu Choudhary @ Bhola Prasad Choudhary Both are Resident of Village-Khanjjpur, P.S.-Amarpur, District-Banka .... Petitioners
Versus
1. The State of Bihar .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Brij Nandad Prasad, Adv. For the Opposite Party : Mr. Chandrasen Prasad Singh, APP 151 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 20-12-2016 Heard the learned counsel for the petitioners and the State.
This is a petition for grant of anticipatory bail for offence under Sections 341, 323 and 504/34 of the Indian Penal Code.
Allegation is that the petitioners assaulted the informant with lathi. The first information report lodged for bailable offence only, however, the police submitted charge sheet against 308 of the Indian Penal Code.
Submission of the petitioners is that after managing injury report, the informant in collusion with the investigating officer got the charge sheet submitted under Section 308 of the Indian Penal Code.
Considering the aforesaid fact, the petitioners, above named, in the event of their arrest or surrender, within four weeks from the date of receipt of this order, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each in connection with Amarpur P.S. Case No. 34 of 2016 to the satisfaction of the
Patna High Court Cr.Misc. No.51774 of 2016 (2) dt.22-12-2016 Chief Judicial Magistrate, Banka, or successor Court, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code.
(Birendra Kumar, J) SA/- U √ T √