Sanjay Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69472 of 2019 Arising Out of PS. Case No.-289 Year-2019 Thana- RAJGIR District- Nalanda ====================================================== 1.
SANJAY CHAUDHARY Son of Rajendra Chaudhary Resident of Village - Dumari, P.S.- Rajgir, Distt.- Nalanda.
2.
Bhim Chaudhary Son of Rajendra Chaudhary Resident of Village - Dumari, P.S.- Rajgir, Distt.- Nalanda.
3.
Karu Chaudhary Son of Rajendra Chaudhary Resident of Village - Dumari, P.S.- Rajgir, Distt.- Nalanda.
4.
Rahul Chaudhary Son of Rajendra Chaudhary Resident of Village - Dumari, P.S.- Rajgir, Distt.- Nalanda.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rabindra Kumar For the Opposite Party/s :
Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-11-2019 This application, for grant of anticipatory bail, arises out of Rajgir P.S. Case No. 289 of 2019, disclosing offences under Sections 341, 323, 325, 307, 379/34 of the Indian Penal Code.
Allegation against the petitioners is of assault to the husband of informant by means of different weapons. Submission of learned counsel for the petitioners is that prior to lodging of this case, a case has been lodged by the petitioners side against the informant and only in order to save his skin, the informant has come with this false case and
Patna High Court CR. MISC. No.69472 of 2019(2) dt.05-11-2019 2/2 although there is allegation of assault but he has instruction that all the injuries sustained by the injured were found simple in nature.
Heard learned A.P.P. also.
Having heard both sides, considering the facts and circumstances of the case, this application is disposed of with direction to the petitioner to surrender in the court below and on surrender the court below shall release the petitioner on provisional bail to his own satisfaction and, thereafter, call for the injury report and verify the above submission that the injury sustained by the injured was found simple in nature and if the said submission is found true, the court below shall confirm the provisional bail of the petitioner, otherwise the court below shall pass an appropriate order including cancellation of provisional bail of the petitioner.
This application is, accordingly, disposed of (Vinod Kumar Sinha, J) sunilkumar/- U T