Vinay Chaudhary And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9001 of 2019 Arising Out of PS. Case No.-71 Year-2018 Thana- PALI District- Jehanabad ======================================================

1. Vinay Chaudhary, son of Faguni Chaudhary

2. Prahalad Chaudhary, Son of Tutu Chaudhary

3. Sadhu Sharan Yadav, Son of Mehi Yadav All Resident of Village - Pali Math, P.S.-Pali, District-Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Paras Nath For the Opposite Party/s :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 18-02-2019 Learned counsel for the petitioners is permitted to make necessary correction in paragraph 1 of the application. Heard learned counsel for the petitioners. No one appears for the State to oppose this application. Petitioners are seeking anticipatory bail in connection with Pali P.S. Case No. 71 of 2018 registered for the offences punishable under Sections 341, 323, 307 and 379/34 of the I.P.C. and Section 27 of the Arms Act.

Learned counsel for the petitioners submits that so far as petitioner no.1 is concerned, the allegation against him is that he had taken out the mobile and cash amount of Rs.19000/- from the pocket of the informant. The petitioner nos.2 and 3 are said to have assaulted the informant with fists and slaps

Patna High Court Cr.Misc. No.9001 of 2019(2) dt.18-02-2019 2/3 followed by abusive languages. It is submitted that on the same day petitioner no.1 has lodged one FIR against the informant and others which would be evident from Annexure-2 to the present application. It is further submitted that there seems to be a free fighting between the parties on the alleged date of occurrence. The injury report does not suggest any injury caused by fists and slaps blow. It is further submitted that these petitioners have no criminal antecedent and they have been falsely implicated on account of enmity and village politics.

In the given facts and circumstances of the case considering the nature of allegations, a case and counter case and that the petitioners have no criminal antecedent, in case of arrest or surrender of the petitioners within a period of four weeks from today, the abovenamed petitioners shall be enlarged on bail on furnishing bail bond of Rs.15,000/- (rupees fifteen thousand) each with two sureties of the like amount each to the satisfication of the learned Chief Judicial Magistrate, Jehanabad in connection with Pali P.S. Case No. 71 of 2018, subject to the condition that petitioners shall join the investigation by reporting to the Investigating Officer within a period of two weeks from today and shall cooperate in course of investigation.

Patna High Court Cr.Misc. No.9001 of 2019(2) dt.18-02-2019 3/3 438(2) of the Cr.P.C.

(Rajeev Ranjan Prasad, J) arvind/- U T