Surendra Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8619 of 2023 Arising Out of PS. Case No.-390 Year-2022 Thana- BIKRAMGANJ District- Rohtas ====================================================== 1.

SURENDRA CHAUDHARY Son of Lakshman Chaudhary Resident of village - Khaira Bhudhar, P.S.- Bikramganj, District - Rohtas. 2.

Gorakh Chaudhary Son of Lakshman Chaudhary Resident of village - Khaira Bhudhar, P.S.- Bikramganj, District - Rohtas. 3.

Jokhan Chaudhary Son of Lakshman Chaudhary Resident of village - Khaira Bhudhar, P.S.- Bikramganj, District - Rohtas. 4.

Maharaj Kumar Son of Surendra Chaudhary Resident of village - Khaira Bhudhar, P.S.- Bikramganj, District - Rohtas. 5.

Dharmraj Kumar Son of Surendra Chaudhary Resident of village - Khaira Bhudhar, P.S.- Bikramganj, District - Rohtas. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nagendra Upadhyay, Adv.

For the Opposite Party/s :

Mr.Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-05-2023 Heard learned counsel for the parties.

Petitioners apprehend their arrest in a case registered for the offence punishable u/s 147, 149, 341, 323, 354(B), 379, 504, 506 of the IPC.

As per the prosecution case, the F.I.R. named accused persons including the petitioners indiscriminately assaulted the informant's side and misbehaved with the female members by tearing their cloths.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence.

Patna High Court CR. MISC. No.8619 of 2023(2) dt.09-05-2023 2/2 They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. The specific allegation is against the co-accused Harendra Chaudhary. It is submitted that the nature of injury is not mentioned anywhere. The injuries are simple in nature, which is clear from the injury report enclosed in the case diary. Petitioners have no criminal antecedent. Learned APP for the State opposed the prayer for bail.

Having regard to the facts and circumstances of the case, since the nature of injury is not enclosed, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Bikramganj P.S. Case No.390 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.