Pintu Choudhary@Pintu Kumar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67562 of 2019 Arising Out of PS. Case No.-75 Year-2019 Thana- MASAUDHI District- Patna ====================================================== PINTU CHOUDHARY @ Pintu Kumar Choudhary, S/o Rudal Choudhary R/o village - Pipla, P.S. - Masaurhi, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Kumar, Advocate For the Opposite Party/s :

Mr. Raj Ballabh Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-01-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 504, 324, 307 and 506/34 of the Indian Penal Code. Allegation against the petitioner is of commission of assault with the Butt of the pistol.

Submission is that no injury was found by the Doctor nor the intention of the petitioner can be gathered from the facts and circumstances that he was intending to commit murder for the reason that the petitioner would have used pistol itself and not its Butt. Petitioner has got no criminal antecedent. There is no material to substantiate that the petitioner is going to tamper with the evidence or abscond the process of law. Considering the fact that there is no material to

Patna High Court CR. MISC. No.67562 of 2019(2) dt.16-01-2020 2/2 compel the petitioner to go to jail, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Masaurhi Police Station Case No. 75 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner and also the petitioner shall not leave the country without permission of the court.

(Birendra Kumar, J) Kundan/- U T