IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17644 of 2009 MANOJ KUMAR CHOUDHARY Versus STATE OF BIHAR ----------- 02/ 17.06.2009 Heard learned counsel for the petitioner and learned counsel for the State. This petition for anticipatory bail has been filed by the petitioner, who is an accused for offences punishable under Sections 341, 323 and 504 of the Indian Penal Code and Section 3(x) of SC/ST (Prevention of Atrocities) Act. Learned counsel for the petitioner submits that informant is Budhan Ram, who has given a fard-beyan dated 6.3.2009 that petitioner Manoj Kumar Choudhary , who is the Headmaster, had abused him and also assaulted with one Jhapar and Dhakka- Mukki and due to which he fled away from the place of occurrence where he was making some constructions for the school. Learned counsel further submits that on the same day the petitioner had sent a report to District Superintendent of Education stating that when he reached the school he saw some persons making some constructions and when he asked that how they were making constructions they answered that it was being done on the direction of Mukhia, but since it was for the petitioner to direct for such constructions after receiving instructions from the higher authorities and since no such instructions was received from the higher authorities petitioner asked them to stop the construction, but the persons present there abused and insulted him by filthy - 2 - language. He also submits that subsequently on 7.3.2009 (Annexure-3) the informant himself filed a petition in the court below stating that the petitioner has committed no offence and the matter has been amicably compromised. Considering the facts and circumstances of this case as well as the arguments of the parties, this petition is allowed. In case of surrender/arrest within fifteen days from the date of receipt of a copy of this order in the court below, petitioner, namely, Manoj Kumar Choudhary shall be released on bail on furnishing bail bond of Rs.10,000.00 (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga in connection with Bahadurpur P.S. Case No. 50 of 2009, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. DKS/ (S.N. Hussain, J.)