Mithu Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6295 of 2020 Arising Out of PS. Case No.-87 Year-2019 Thana- NARHATT District- Nawada ====================================================== 1.

MITHU CHAUDHARY Son of Rambalak Chaudhary @ Balak Chaudhary Resident of Village- Daay Bigha, P.S.- Narhat, District- Nawada. 2.

Santosh Chaudhary Son of Rambalak Chaudhary @ Balak Chaudhary Resident of Village- Daay Bigha, P.S.- Narhat, District- Nawada. 3.

Dinesh Chaudhary Son of Govind Chaudhary Resident of Village- Daay Bigha, P.S.- Narhat, District- Nawada.

4.

Ravi Chaudhary Son of Dinesh Chaudhary Resident of Village- Daay Bigha, P.S.- Narhat, District- Nawada.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Hansraj For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 05-03-2020 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 324, 325, 307, 504 and 506/34 of the Indian Penal Code, registered in connection with Narhat P.S.Case No. 87 of 2019.

3. It is submitted that the petitioners have been falsely implicated and there is land dispute between the parties. The accusations are general and omnibus without specific assault attributed individually. All injuries are simple in nature except

Patna High Court CR. MISC. No.6295 of 2020(2) dt.05-03-2020 2/3 the injury sustained by Girija Paswan on left forearm said to be grievous in nature, but on non-vital part of the body. The petitioner claims clean antecedents.

4. Be that as it may, in the event of petitioners' arrest or surrender before court below within six weeks from the date of communication of this order, let the above named petitioners be released on 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 Additional Chief Judicial Magistrate-VI, Nawada in connection with Narhat P.S.Case No. 87 of 2019, subject to the conditions as laid down under Section 438(2) Cr. P.C. and also subject to the following further conditions: (i) That one of the bailors shall be a close relative of the petitioners.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioners shall co-operate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioners shall remain physically present in Court on each and every date during trial and in the

Patna High Court CR. MISC. No.6295 of 2020(2) dt.05-03-2020 3/3 event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) HR/- U T