Lal Babu Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67230 of 2022 Arising Out of PS. Case No.-12 Year-2022 Thana- BAIRIYA District- West Champaran ====================================================== LAL BABU CHAUDHARY S/o- Vishwanath Chaudhary R/o VillageTilangahi, P.S.- Bairiya, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amarendra Nath Verma, Adv.

For the Opposite Party/s :

Mr.Bharat Lal, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-01-2023 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 Section 341, 323, 307, 379, 504/34 of the Indian Penal Code.

Allegedly, petitioner along with other accused persons stopped the informant and assaulted him. Petitioner is said to have assaulted on informant's head with spear. He also snatched golden chain from her daughter-in-law's neck. 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. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is totally wrong and concocted. It

Patna High Court CR. MISC. No.67230 of 2022(2) dt.19-01-2023 2/2 is further submitted that there is case and counter case between the parties. Thus, the present case is nothing but a false story cooked up by the informant as a tool of illegality against the petitioner. Both the parties have sustained injuries. Though the allegation against the petitioner that he assaulted the informant with spear, but as per the injury report, injuries are simple in nature. Petitioner has one 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, since the injuries are found 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 Bairiya P.S. Case No. 12 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) divyanshi/- U T