Rajesh Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72157 of 2024 Arising Out of PS. Case No.-89 Year-2024 Thana- SIKRAUL District- Buxar ====================================================== Rajesh Choudhary S/O Habal Chaudhari @ Hawal Choudhary Resident of Village- Niyazipur Dera, P.S. Sikroul, District-Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Suman Kumari Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 23-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection with Sikraul P.S. Case No. 89/24 registered for the offences punishable under Sections 341, 323, 307, 504, 34 of the Indian Penal Code.

3. As per prosecution case, petitioner is said to have assaulted upon the informant's forehead by means of lathi as a result of which he sustained injury. Thereafter, it is alleged that petitioner and others are said to have assaulted the informant indiscriminately by means of lathi and danda,.

4. Learned counsel for the petitioner submits that there is allegation against petitioner who is said to have assaulted upon the informant's forehead by means of lathi but

Patna High Court CR. MISC. No.72157 of 2024(2) dt.23-10-2024 2/3 nature of the said injury is found to be simple in nature. He further submits that informant sustained another injury in his leg which is also simple in nature, as mentioned in impugned order itself. He further submits that from the version of F.I.R., it appears that there is allegation against petitioner and others who are said to have assaulted the informant many times but informant sustained only two injuries which totally falsifies the case of prosecution. Petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case. Petitioner bears no criminal antecedent.

5. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Buxar in connection with Sikraul P.S. Case No. 89/24, subject to the

Patna High Court CR. MISC. No.72157 of 2024(2) dt.23-10-2024 3/3 conditions as laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Alok Kumar Pandey, J) alok/- U T