Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11310 of 2024 Arising Out of PS. Case No.-458 Year-2023 Thana- BOCHAHAN District- Muzaffarpur ====================================================== 1.
Chandan Kumar Son Of Naresh Ray Resident Of Village- Balthi Rasulpur Tole Benipur, Ps- Bochahan, Distt- Muzaffarpur 2.
Arvind Kumar @ Arvind Rai Son Of Suresh Ray Resident Of VillageBalthi Rasulpur Tole Benipur, Ps- Bochahan, Distt- Muzaffarpur 3.
Lala Ray @ Lala Rai Son Of Late Bhagnarayan Ray Resident Of VillageBalthi Rasulpur Tole Benipur, Ps- Bochahan, Distt- Muzaffarpur 4.
Jitendra Kumar @ Jitendra Rai Son Of Late Bhagya Narayan Ray Resident Of Village- Balthi Rasulpur Tole Benipur, Ps- Bochahan, Distt- Muzaffarpur 5.
Ravi Kumar Son Of Ram Pawitra Ray Resident Of Village- Balthi Rasulpur Tole Benipur, Ps- Bochahan, Distt- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shambhoo Kumar Suman For the Opposite Party/s :
Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-02-2024 Heard learned counsel for the petitioners and the State.
2. Petitioners apprehend arrest in a case registered for the offence punishable under sections 307, 379, 354B,504/506 and other ancillary sections of the Indian Penal Code.
3. As per the prosecution case, all the FIR named accused persons including these petitioners came to the door of the informant and assaulted the informant and his family memebrs by means of farsa, iron rod. Accused persons tore Sari
Patna High Court CR. MISC. No.11310 of 2024(2) dt.22-02-2024 2/2 of Kiran Devi and took her gold chain.
4. It is submitted on behalf of the petitioners that due to previous land dispute, scuffle took place between the parties. Allegation of assault is general and omnibus and no specific overt act has been alleged against them. Instant case is counter blast of Bochahan Police Station Case No. 457 of 2023 lodged by father of petitioner no.5 against the informant and others. Petitioners claim clean antecedent.
5. Considering the fact that allegation of assault is general and omnibus and no specific overt act has been alleged against these petitioners and they have got clean antecedent, prayer for bail of all the petitioners is allowed. In the event of arrest/surrender within six weeks from today, let these petitioners, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Muzaffarpur in Bochahan Police Station Case No. 458 of 2023/GR No. 4662 of 2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Shashi U T