Rajendra Chaudhary @ Rajendra Pasi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57211 of 2019 Arising Out of PS. Case No.-213 Year-2018 Thana- COMPLAINT CASE District- Jamui ====================================================== RAJENDRA CHAUDHARY @ RAJENDRA PASI S/o Banke Chaudhary @ Banke Pasi R/o village- Aliganj, P.S.- Chandradeep, District- Jamui ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Nandlal Mahto S/o Late Bhagwan Mahto R/o village- Darkha, P.S.- Sikandra, District- Jamui ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prakash Mahto For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-09-2019 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Complaint Case No. 213C of 2018, in which cognizance has been taken against the petitioner under Sections 492/341/34 of the Indian Penal Code.

The allegation against the petitioner is that while the complainant was returning after withdrawing a sum of Rs. 5,000/-, along with his wife, the petitioner, along with others, accosted them and from the wife of the complainant, co-accused Prakash Choudhary, on the gun point, snatched a sum of Rs. 5,000/- and the petitioner and co-accused Lakhan Mahto caught

Patna High Court CR. MISC. No.57211 of 2019(2) dt.09-09-2019 2/3 hold the complainant.

Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in a concocted case with mala fide intention inasmuch as earlier co-accused Prakash Chaudhary had lodged Jamui SC/St Case no. 39 of 2014 against the son of the complainant, in which charge sheet has been submitted and the petitioner is one of the witnesses in the said case. He further submits that the present case has been lodged in vengeance to the case lodged by Prakash Chaudhary against the son of the complainant, in which the petitioner is a witness. After having heard learned Counsel for the parties and taking into consideration the fact that the petitioner is a witness in a case lodged by co-accused Prakash Chaudhary against the son of the complainant, I am inclined to grant the petitioner privilege of anticipatory bail. Accordingly, this application is allowed.

Let the petitioner, Rajendra Chaudhary @ Rajendra Pasi, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Jamui, in connection with Complaint Case No. 213C

Patna High Court CR. MISC. No.57211 of 2019(2) dt.09-09-2019 3/3 of 2018, subject to the condition laid down under Section 438

(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √