Harish Chandra Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59207 of 2018 Arising Out of PS. Case No.-30 Year-2018 Thana- CHACKMENSI District- Samastipur ====================================================== Harish Chandra Das, Son of Jageshwar Das, Resident of Village- Sahuri Kalyanpur, Police Station- Chakmehsi, District- Samastipur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Choudhary Shyam Nandan For the Opposite Party/s :

Mr. Sri Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-11-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 147, 148, 323, 324, 341, 342, 307, 504 and 506 of the Indian Penal Code.

The prosecution case, in short, is that while the informant was construction house on his land, the accused persons came and obstructed him and when the informant opposed, he was assaulted by them.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. There is a case and counter case between the parties. The nature of injury is said to be simple. Hence, no offence under Section 307 IPC is made out. Rest of the offences

Patna High Court Cr.Misc. No.59207 of 2018(3) dt.20-11-2018 2/2 are triable by the Magistrate.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/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/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. -Ist, Samastipur in connection with Chakmehsi P.S. Case No. 30/2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T