Pawan Choudhary @ Pawan Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64303 of 2018 Arising Out of PS. Case No.-199 Year-2018 Thana- AKBARPUR District- Nawada ======================================================

1. Pawan Choudhary @ Pawan Kumar

2. Ravi Choudhary @ Ravi Kumar both sons of Anil Choudhary

3. Anil Choudhary son of late Madan Choudhary, all are resident of village Pachrukhi, P.S. Akbarpur, District Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Sinha For the Opposite Party/s :

Mr. Murlidhar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-10-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 341, 307, 379, 504 of the Indian Penal Code.

The prosecution case, in short, is that the accused persons including the petitioners assaulted the informant with iron rod and garasa, due to which he sustained injuries on his head and shoulder.

It has been submitted on behalf of the petitioners that the petitioners hves got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the

Patna High Court Cr.Misc. No.64303 of 2018(2) dt.12-10-2018 2/2 present case. The nature of injury is said to be simple. Hence, no offence under Section 307 of the I.P.C. is made out. Rest of the offences are triable by the Magistrate.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, 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) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate-II, Nawada in connection with Akbaarpur P.S. case No.199 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T