Chhotu Keshri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6300 of 2018 Arising Out of PS.Case No. -69 Year- 2014 Thana -BAHERI District- DARBHANGA ====================================================== Chhotu Keshri, S/o Late Ram Bilas Keshari, R/o Village- Chilha, P.S.- Baheri, District- Darbhanga.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Girish Chandra Jha, Advocate. For the Opposite Party/s : Smt Renu Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 19-02-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Baheri P.S. Case No. 69 of 2014 instituted for the offence under Sections 147, 341, 323, 507, 307 and 380 of the Indian Penal Code. Learned counsel for the petitioner has submitted that the instant case is a counter blast of Baheri P.S. Case No. 247 of 2013 filed against the informant and others. It has further been submitted that police after investigation submitted charge sheet in the case for the offence under Sections 341, 323, 325 and 504/34 of the Indian Penal Code against the petitioner and other accused persons but cognizance has been taken under Sections 341, 323, 307 and 504/34 of the Indian Penal Code by the learned Magistrate.

Patna High Court Cr.Misc. No.6300 of 2018 (3) dt.19-02-2018 2/3 The allegation against the petitioner is that on 29.7.2013, he pushed five years old son of Abdul Kalam on the ground, on account of which, he sustained fractured injury. The instant case has been lodged on the basis of complaint filed by the complainant whereas for the same date of occurrence, this petitioner has filed police case against the informant and others which was registered as Baheri P.S. Case No. 247 of 2013. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Baheri P.S. Case No. 69 of 2014, he shall be released on anticipatory bail on furnishing bail bond of Rs.

10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

Patna High Court Cr.Misc. No.6300 of 2018 (3) dt.19-02-2018 3/3 case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) S.Ali/- U T