Ram Pravesh Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62039 of 2019 Arising Out of PS. Case No.-262 Year-2019 Thana- UDWANTNAGAR District- Bhojpur ====================================================== RAM PRAVESH CHOUDHARY, Son of Late Vishram Choudhary Resident of Surhni, P.S.- Udwantnagar, District- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Pravina Kumari, Advocate.

For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-10-2019 The petitioner apprehends his arrest in connection with Udwantnagar P. S. Case No. 262 of 2019 registered under Sections 147, 307, 323, 325, 341 and 448 of the Indian Penal Code.

Allegation against the petitioner is that petitioner along with other accused persons entered into the house of the informant and assaulted the informant, his father and uncle. Learned counsel appearing on behalf of the petitioner submits that altogether 12 persons have been named in the FIR and the allegation against them is general and omnibus in nature of assaulting the uncle of the informant. He further submits that specific allegation of assault upon the father of the informant is upon Sonu Chaudhary by means of Farsa and not upon the petitioner and others. She also submits that similarly situated

Patna High Court CR. MISC. No.62039 of 2019(2) dt.17-10-2019 2/2 other accused persons have been granted anticipatory bail by the learned court below itself. Learned counsel further submits that both parties are Gotia and there is dispute with regard to irrigating the filed after taking electric connection from the pole. Having regard to the submissions made by the parties and taking into consideration the fact that both parties are agnate and there is dispute between the parties relating to irrigating the field and the allegation against the petitioner is general and omnibus in nature, as such I am inclined to grant anticipatory bail to the petitioner.

Let the petitioner, above-named, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned CJM, Bhojpur at Ara in connection with Udwantnagar P.S.Case No. 262 of 2019; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) sujit/- U T