Pawan Kumar Choudhari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71254 of 2021 Arising Out of PS. Case No.-170 Year-2021 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Pawan Kumar Choudhari Son Of Ram Raj Choudhari Resident Of Village - Bakri, P.S.- Udwantnagar, District - Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 302, 201/34 of the Indian Penal Code. The prosecution case as per F.I.R is that on 12.04.2021 one mentally disabled person namely Mutur Yadav @ Niranjan Yadav @ Pagla assaulted and killed one villager namely Degree Choudhari. When the villagers tried to catch Mutur Yadav @ Niranjan Yadav @ Pagla then he tried to assault the villagers and in reaction the mob assaulted and killed the said mentally

Patna High Court CR. MISC. No.71254 of 2021(3) dt.27-09-2022 2/3 disabled person.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case due to suspicion. It is further submitted that the allegation to assault the mentally disabled person is against the mob and the name of the petitioner surfaced during the course of investigation. It is also submitted that there is no material evidence against the petitioner to connect the petitioner with the offence. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur,

Patna High Court CR. MISC. No.71254 of 2021(3) dt.27-09-2022 3/3 Ara in connection with Udwantnagar P.S. Case No. 170 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T