An oral order granting anticipatory bail to the petitioner apprehending arrest in an FIR alleging joint assault, mischief, and attempt to murder arising from a land dispute.
Petitioner released on anticipatory bail on furnishing bond of Rs.10,000 with two sureties of the like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.70159 of 2018
Arising Out of PS. Case No.-98 Year-2018 Thana- KHODAWANDPUR District- Begusarai
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Sitaram Choudhary, Son of Chhotelal Choudhary, Resident of VillageSaanwat, P.S. Khodawandpur (Chhorahi O.P.), District- Begusarai.
... ... Petitioner/s
Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sachin Kumar For the Opposite Party/s : Mr. Sri Sanjay Kumar Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
ORAL ORDER
2 07-12-2018
Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 447, 341, 342, 323, 307, 386, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.
The prosecution case, as per the written report of Niraj Kumar, submitted to the Station House Officer of Chhaurahi O.P. is to the effect that on 26.05.2018 at 11.00 P.M. the informant was sleeping in his house, in the meantime, 10-12 persons including the petitioner came and tried to break-in his house and when the informant woke up and opened his door, 5-6 persons entered into his house and dragged the informant out of the house. On protest being made by the informant, they misbehaved with him. It is further alleged that co-accused
Patna High Court Cr.Misc. No.70159 of 2018(2) dt.07-12-2018 2/3
Rampravesh Sahni, Laxman Sahni, Rajesh Choudhary and Sitaram Choudhary (petitioner) dragged the informant outside the house and they assaulted him. Co-accused Laxman Sahni assaulted the informant with the butt of the pistol and resorted to fire but the informant did not receive any firearm injury. On hearing the gun shots, the villagers came, upon which they fled away while threatening the petitioner for making payment of extortion.
It is submitted by learned counsel for the petitioner that in the background of land dispute, the accusation has been levelled. It does not appear that any injury was caused to the informant. Moreover, the petitioner is alleged to have dragged the informant out of his house but there is no specific accusation of assault against the petitioner. A statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.
Learned APP submits that the petitioner is named in
the FIR.
Considering the nature of accusation and the genesis of the occurrence, no injury being found on the informant, coupled with the statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the
Patna High Court Cr.Misc. No.70159 of 2018(2) dt.07-12-2018 3/3
learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Manjhaul, Begusarai in connection with Khodawandpur (Chhaurahi O.P.) P.S. Case No. 98 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J)
DKS/-
U T
1 issue framed by the court
Whether to grant anticipatory bail to the petitioner in a prosecution for offences under Sections 147, 148, 149, 447, 341, 342, 323, 307, 386, 504, 506 IPC and Section 27 Arms Act.
2 provisions across 2 enactments
Sitaram Choudhary
The State of Bihar
DINESH KUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
