Subhas Chudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56280 of 2022 Arising Out of PS. Case No.-81 Year-2021 Thana- PARBATTA District- Khagaria ====================================================== SUBHAS CHUDHARY S/o Late Jivendra Chudhary R/o villageKanhaiyachak, P.S.- Parbatta, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-02-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 379, 354B, 504 of the Indian Penal Code. Allegedly, petitioner along with other persons came to the informant armed with various weapons and assaulted the informant brutally. And when her son came to rescue her, they assaulted him too.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. Both the parties are neighbors. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather

Patna High Court CR. MISC. No.56280 of 2022(2) dt.21-02-2023 2/2 general and omnibus in nature. There is admitted land dispute between the parties. The real fact is that there was free fight between the parties due to installation of hand pipe. There is case and counter case between the parties. Both sides have filed cases against each other. The injury sustained by the victim is simple in nature. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, as the injury sustained by the victim is simple in nature, let the above named petitioner, be released on bail, in the event of his 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) 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 Parbatta P.S. Case No. 81 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T