Sudhir Kumar Choudhary @ Sudhir Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12236 of 2018 Arising Out of PS.Case No. -40 Year- 2014 Thana -BISHUNPUR District- DARBHANGA ======================================================

1. SUDHIR KUMAR CHOUDHARY @ SUDHIR CHAUDHARY S/o Sant Sharan Choudhry, R/o Village- Patori, P.S.- Moro, DistrictDarbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amarendra Narayan For the Opposite Party/s : Mr. Dr. Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-05-2018 Heard both sides.

The petitioner apprehend his arrest in Bishanpur P.S. case No. 40 of 2014 under Section 307 and other minor Sections of the Indian Penal Code.

Anticipatory bail petition of the petitioner was earlier rejected vide order dated 23.07.2015 passed in Cr. Misc. No. 28613 of 2015 but the petitioner did not surrender in the court below.

The learned counsel for the petitioner submits that two brothers quarreled with each other in which mutual assault was made. It is submitted that the case has been compromised. It appears that there is specific allegation against the

Patna High Court Cr.Misc. No.12236 of 2018 (2) dt.16-05-2018 2/2 petitioner that he repeatedly assaulted the informant with axe and the doctor has found as many as five injuries including injury on his head.

Considering the nature of allegation made against the petitioner and the fact petitioner did not surrender in the court even after rejection of his prayer for anticipatory bail on 23.07.2015, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly the same is rejected. (Prabhat Kumar Jha, J) BKS/- U T