Ram Bihari Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81996 of 2019 Arising Out of PS. Case No.-179 Year-2019 Thana- BAHERA District- Darbhanga ====================================================== RAM BIHARI CHOUDHARY, aged about 37 years, Male, Son of Late Hare Ram Choudhary, Resident of Village - Habibhauar, P.S.- Bahera, Distt.- Darbhanga ... Petitioner

Versus

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

For the Petitioner :

Mr. Girish Chandra Jha, Adv.

For the Opposite Party :

Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 24-06-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state through video conferencing.

The petitioner seeks pre-arrest bail in connection with Bahera P.S. Case No. 179 of 2019, registered under Sections 341, 323, 325, 379, 406 and 504/34 of the Indian Penal Code. The accusation is that 22.04.2019 at about 08.00 p.m., the informant, Mohan Kumar Choudhary, was going to Narsingh Asthan for Keertan boarding on bicycle, one Ram Bihari Choudhary and three unknown surrounded him and, thereafter, Ram Bihari Choudhary (petitioner) gave iron rod blow causing injury on his left hand, then, informant fell down, thereafter, Ram Bihari Choudhary caused injury at his head. Others also caused injury to him through iron rod. When his son, Narendra Choudhary @ Lalajee Choudhary, and others

Patna High Court CR. MISC. No.81996 of 2019(3) dt.24-06-2020 2/2 rushed, then, Ram Bihari Choudhary snatched told chain worth Rs.32,000/-.

Submission is that informant and the petitioner are covillagers and due to dirty village politics, petitioner has been implicated in this case while only two injuries were found caused by sharp cutting weapon, which are simple in nature, while allegation is of causing injury to informant through hard and blunt substance. The petitioner has no criminal antecedent. Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Bahera P.S. Case No. 179 of 2019 shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Benipur, Darbhanga, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code.

(Rajendra Kumar Mishra, J) Shamshad/- U T