Shyam Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28740 of 2015 Arising Out of PS.Case No. -173 Year- 2014 Thana -BHAGWANPUR District- BEGUSARAI ====================================================== Shyam Kumar Chaudhary son of Sri Haribansh Chaudhary resident of village Tajpur, P.S. Bhagwanpur, Distt. Begusarai. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar Singh For the Opposite Party/s : Mr. Umeshanand Pandit(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-07-2015 The petitioner is apprehending his arrest in Bhagwanpur P.S. Case No.173/14 for the offences instituted under Sections 341, 323, 324, 307, 353 and 224 of the I.P.C. Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The prosecution case, in brief, is that on 27.9.2014 when the informant along with other police personnel reached near the house of the petitioner to arrest him he found the petitioner sitting and when he wanted to capture him, the brothers of the petitioner Satya Prakash, Ved Prakash, Rajan Chaudhary and his uncle Gulo Chaudhary along with his associates started abusing, altercating with the police party and attacked on the police party.The petitioner also bite the finger of the left hand of the

Patna High Court Cr.Misc. No.28740 of 2015 (2) dt.23-07-2015 2/2 informant and forcibly took the petitioner away from the clutch of the police custody.

It is submitted on behalf of the petitioner that the petitioner has been made accused in this case due to mistake of fact. It is further submitted that no injury has been caused by the petitioner. It is further submitted that the other co-accused have been granted bail vide Annexure-3 to this petition. On behalf of the State it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of SriR.R.Rahman, J.M. 1st Class, Begusarai, in Bhagwanpur P.S. Case No.173/14 subject to the conditions as laid down under Section 438(2) of Cr.P.C.

(Sudhir Singh, J) AnilKrSinha/- U T