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Patna High CourtCR. MISC./1658/2025bail granted

Ankesh Kumar Choudhary @ Nakshatra Choudhary v. The State Of Bihar

2025-02-05Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1658 of 2025 Arising Out of PS. Case No.-253 Year-2024 Thana- DALSINGHSARAI District- Samastipur ====================================================== Ankesh Kumar Choudhary @ Nakshatra Choudhary S/O Binda Choudhary R/O Vill- Nagargama, Ps-Dalsinghsarai, Dist- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ujjwal Kumar For the Opposite Party/s :

Mr. Raj Kishor Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-02-2025

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 191(2), 191(3), 190, 126(1), 115(2), 118(1), 303, 352, 351(1), 76 of the B.N.S. Act, 2023.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that the accused persons including the petitioner came and started cutting her standing crop on her land, on protest, Amit assaulted the informant by rod causing injury on head and Gopal assaulted her by lathi causing injury on head, while Nakshtra (petitioner) snatched her chain on point of pistol and Gopal on point of pistol made her son sign on two blank

Patna High Court CR. MISC. No.1658 of 2025(2) dt.05-02-2025 2/3 papers and Amit tried to strangulate her son.

4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that from bare perusal of the allegation as alleged in the F.I.R., it would manifest that occurrence is alleged to have taken place on account of dispute relating to land. It is further submitted that the date of occurrence is 21.07.2024 but the F.I.R. came to be instituted on 10.08.2024 based on a written complaint of the informant, hence there was a delay of 18 days in instituting the F.I.R. which casts an aspersion on the case of the prosecution. It is also submitted that petitioner will not abscond rather will co-operate in the investigation to prove his innocence.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000 (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is

Patna High Court CR. MISC. No.1658 of 2025(2) dt.05-02-2025 3/3 pending/successor court in connection with Dalsinghsarai P.S. Case No. 253/2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) amit/- U T