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Patna High CourtCR. MISC./58983/2022allowed

Suresh Choudhary v. The State Of Bihar

2022-12-22Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58983 of 2022 Arising Out of PS. Case No.-134 Year-2019 Thana- JAMUI District- Jamui ====================================================== 1.

SURESH CHOUDHARY S/o Sukhdev Choudhary Resident of villageAmrath, P.S.- Jamui, District- Jamui 2.

KRISHNA CHOUDHARY S/o Rajo Choudhary Resident of villageAmrath, P.S.- Jamui, District- Jamui 3.

SHANKAR CHOUDHARY S/o Bundi Choudhary Resident of villageAmrath, P.S.- Jamui, District- Jamui 4.

KARAN CHOUDHARY S/o Bolu Choudhary Resident of village- Amrath, P.S.- Jamui, District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Sinha, Adv.

For the Opposite Party/s :

Mr.Syed Ehteshamuddin, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-12-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Petitioners apprehend their arrest in a case registered for offence punishable u/s 147, 148, 149, 341, 323, 307 and 379 of IPC.

Allegedly, on account of some altercation, the accused persons named in F.I.R. including the petitioner assaulted the informant by means of spade on his left leg. They also snatched money from the informant.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence.

Patna High Court CR. MISC. No.58983 of 2022(2) dt.22-12-2022 2/2 They have been falsely implicated in this case due to business rivalry. No such occurrence, in the manner as alleged, has ever taken place. There is no specific allegation of assault against the petitioner. Allegations are general and omnibus. The injuries are simple in nature. Allegation of snatching the money is not supported by any witness. Petitioners have no criminal antecedent.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since the injury is simple in nature, let the above named petitioners, be released on bail, in the event of their 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) each 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 Jamui P.S. Case No.134 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T