Bipin Kumar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57260 of 2019 Arising Out of PS. Case No.-122 Year-2019 Thana- JANDAHA District- Vaishali ====================================================== Bipin Kumar Choudhary, S/o Parmanand Choudhary, R/o village- Marai, P.S.- Jandaha, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Lal Babu Singh For the Opposite Party/s :

Mr. Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 14-02-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of anticipatory bail apprehending his arrest in a case registered for the offence under sections 448, 341, 323, 324, 307, 379, 504, 506 and 34 of the Indian Penal Code.

As per allegation in the F.I.R, the petitioner is alleged to have taken out the pistol from his pocket and on his instigation Manjeet Choudhary struck the 'Bhaisur' of the informant with sword on his head as a result of which he got injured. It is further submitted that Ranjeet Choudhary struck with iron rod on the head of the husband of the informant while other persons entered the house, beat up and misbehaved with the informant and members of the family.

Patna High Court CR. MISC. No.57260 of 2019(5) dt.14-02-2020 2/3 It is submitted by learned counsel for the petitioner that there is a case and counter case between the parties, the earlier case having been filed by the petitioner himself and the F.I.R. of which has been brought on record as Annexure-2 to the application. It is further submitted that in course of investigation no witness has supported the allegation as levelled against this petitioner of having taken out a pistol and the cause of occurrence being that of payment of rangdari. It is finally submitted that the petitioner has no criminal antecedent and the co-accused Ranjeet Choudhary has been enlarged on bail vide order dated 16.12.2019 passed in Cr.Misc. No. 67230 of 2019. The application for bail has been opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the fact that there being case and counter case between the parties, the material that has transpired in course of investigation and grant of bail to the co-accused Ranjeet Choudhary, the Court is inclined to enlarge the petitioner on bail. The petitioner above named, in the event of his arrest or surrender in the Court below within a period of six weeks from today in connection with Jandaha P.S.Case No.122 of 2019, is directed to be enlarged on bail on furnishing bail bond of

Patna High Court CR. MISC. No.57260 of 2019(5) dt.14-02-2020 3/3 Rs.10,000.- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur, subject to the conditions as laid down in section 438 (2) of Criminal Procedure Code. (Partha Sarthy, J) Bibhash/- U T