Abhay Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66699 of 2019 Arising Out of PS. Case No.-201 Year-2019 Thana- LAHERIYASARAI District- Darbhanga ====================================================== Abhay Choudhary, Aged about 24 years, Male, Son of Ravindra Choudhary, Resident of Mohalla Ward No.48, Pandasarai, P.S. Laheriasarai, District Darbhanga.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Vinay Kumar Mishra For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 25-10-2019 Heard both sides.

The petitioner apprehends his arrest in Laheriasarai P.S. Case No.201 of 2019, registered under Sections 385, 307 and 379 of the Indian Penal Code.

The informant alleged that his neighbour Abhay Choudhary, resident of village Pandasarai Gumti demanded extortion three months ago but the informant did not pay the money. Abhay Choudhary is a drug addict. On 11.05.2019 while the informant was taking tea near Bajrangwali Temple and he made payment, Abhay Choudhary came and asked him to pay the money. When the informant refused, Abhay Choudhary, the petitioner repeatedly assaulted him with knife on his head. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.66699 of 2019(2) dt.25-10-2019 2/2 petitioner is a neighbour of the informant. A panchayati was held. The dispute has been resolved. It is further submitted that the informant filed petition before the Police Officer-cumS.H.O., Laheriasarai about the resolution of dispute (Annexure3), therefore, the petitioner deserves anticipatory bail but it appears that the petitioner firstly demanded extortion and on account of non-payment of extortion, the petitioner inflicted repeated blow on the head of the informant by knife. The doctor found three lacerated wound on occipital region. Taking into consideration the facts that on account of non-payment of extortion money, the petitioner made repeated blow on the head of the informant with knife and corresponding injuries were found, of course the injuries are simple in nature but repeated blow was given on head, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioner is rejected. (Prabhat Kumar Jha, J) S.KUMAR/- U T