Parshuram Choudhary @ Tileshwar ... vs The State Of Bihar
2021 Latest Caselaw 876 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
                CRIMINAL MISCELLANEOUS No.31671 of 2020
       Arising Out of PS. Case No.-37 Year-2020 Thana- RIVILGANJ District- Saran
======================================================

Parshuram Choudhary @ Tileshwar Choudhary, aged about 61years, Male, Son of Late Nandji Choudhary, Resident of Village - Chai Chapra, Police Station - Bairia, District - Ballia (U.P.).

... ... Petitioner/s Versus The State of Bihar

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

For the Petitioner/s      :      Mr. Sanjay Singh with
                                 Mr. Satya Prakash, Advocates
For the State             :      Ms. Sucheta Yadav, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 12-02-2021

Heard Mr. Sanjay Singh, learned counsel along with

Mr. Satya Prakash, learned counsel for the petitioner and Ms.

Sucheta Yadav, learned Additional Public Prosecutor

(hereinafter referred to as the 'APP') for the State.

2. The petitioner apprehends arrest in connection with

Rivilganj PS Case No. 37 of 2020 dated 04.02.2020, instituted

under Sections 341/323/324/307/504/506/34 of the Indian Penal

Code.

3. The allegation against the petitioner along with

others is of assault on the informant party at the time of

measurement of land before the panches of the village and the

husband of Ward Counsellor and specifically against the Patna High Court CR. MISC. No.31671 of 2020 dt.12-02-2021

petitioner of inflicting farsa blow on the son of the informant

namely, Satyendra Choudhary.

4. Learned counsel for the petitioner submitted that the

parties are agnates and before the panches there was division of

land taking place and a situation erupted where both sides

received injuries aa there was skirmish for which there is also a

counter case. Learned counsel drew the attention of the Court to

the injury report of Satyendra Choudhary which reveals that

there was only a skin deep lacerated wound 1"x ½" over the

occipital region caused by hard blunt substance which is simple

in nature. Learned counsel submitted that the parties have later

signed a compromise petition to which the victim himself is a

signatory and the same has been filed in the Court below.

5. Learned APP submitted that the allegation against

the petitioner is of inflicting farsa blow. However, she did not

controvert that the injury report shows that it was simple, skin

deep and caused by hard blunt substance.

6. Having considered the facts and circumstances of

the case and submissions of learned counsel for the parties, in

the event of arrest or surrender before the Court below within

six weeks from today, the petitioner be released on bail upon

furnishing bail bonds of Rs. 25,000/- (twenty five thousand) Patna High Court CR. MISC. No.31671 of 2020 dt.12-02-2021

with two sureties of the like amount each to the satisfaction of

the concerned Judicial Magistrate 1st Class, Saran at Chapra in

Revelganj PS Case No. 37 of 2020, subject to the conditions

laid down in Section 438(2) of the Code of Criminal Procedure,

1973 and further (i) that one of the bailors shall be a close

relative of the petitioner, (ii) that the petitioner and the bailors

shall execute bond with regard to good behaviour of the

petitioner, and (iii) that the petitioner shall cooperate with the

Court and the police/prosecution. Any violation of the terms and

conditions of the bonds or non-cooperation would lead to

cancellation of his bail bonds.

7. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

Anjani/-

AFR/NAFR U T