Patna High CourtCR. MISC./7252/2016bail granted

Buniya Chaudhary And ANR v. The State Of Bihar

2016-02-17Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7252 of 2016 Arising Out of PS.Case No. -372 Year- 2014 Thana -DINARA District- SASARAM (ROHTAS) ======================================================

1. Buniya Chaudhary son of Lal Babu Chaudhary

2. Ramanand Chaudhary @ Bijli Chaudhary son of Lal Babu Chaudhary Both residents of Village - Milki Manihari, P.S. - Dinara, District - Rohtas. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Rajen Sahay For the Opposite Party/s : Mr. Satyaverat Verma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 17-02-2016 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners are named in the first information report on the accusation that they started assaulting the informant's fatherin-law as well as her son and when her husband went to their rescue, he was, too, assaulted and in that course, FIR named accused, Lal Babu Choudhary took out the pistol and shot fire as a result of which, informant's husband died then and there. Contention on behalf of the petitioners is that even if, prosecution story assumed to be true, then also, petitioners were members of unlawful assembly only and moreover, petitioners are in jail custody since 11-12-2014 without having any criminal antecedent.

Patna High Court Cr.Misc. No.7252 of 2016 (2) dt.17-02-2016 2/2 Considering the above-said facts and circumstances of the case as well as submission of the parties, let the petitioners named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Dinara P.S. Case No. 372 of 2014 corresponding to Sessions Trial No. 192 of 2015 to the satisfaction of learned Ad hoc Additional District & Sessions Judge-III, Rohtas at Sasaram.

(Hemant Kumar Srivastava, J) A.K.V./- U T