Vinod Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8638 of 2020 Arising Out of PS. Case No.-169 Year-2019 Thana- KHAJAULI District- Madhubani ====================================================== 1.

VINOD CHOUDHARY Son of Ram Awtar Choudhary Resident of Village - Inarba, P.S.- Khajauli, Distt - Madhubani.

2.

Surendra Choudhary Son of Late Puran Choudhary Resident of Village - Inarba, P.S.- Khajauli, Distt - Madhubani.

3.

Birendra Choudhary @ Virendra Choudhary Son of Surendra Choudhary Resident of Village - Inarba, P.S.- Khajauli, Distt - Madhubani. 4.

Durganand Choudhary @ Durganand Choudhary Son of Vinod Choudhary Resident of Village - Inarba, P.S.- Khajauli, Distt - Madhubani. 5.

Dani Choudhary @ Dani Chaudhary Son of Pramod Choudhary Resident of Village - Inarba, P.S.- Khajauli, Distt - Madhubani. 6.

Anand Choudhary @ Anand Chaudhary Son of Ram Balak Choudhary Resident of Village - Inarba, P.S.- Khajauli, Distt - Madhubani. 7.

Sikandar Choudhary Son of Surendra Choudhary Resident of Village - Inarba, P.S.- Khajauli, Distt - Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gagan Deo Yadav For the Opposite Party/s :

Mr.Satyavrat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 03-03-2020 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in connection with Khajauli P. S. Case no. 169 of 2019, instituted for the offence under Section(s) 341,323, 324, 307, 354B, 379,448, 380,504 and 506/34, of the Indian Penal Code.

The prosecution case alleges that all the petitioners have

Patna High Court CR. MISC. No.8638 of 2020(2) dt.03-03-2020 2/3 assaulted the informant and his wife. Referring to prosecution arising out of Khajauli P.S. Case no. 170 of 2019 at the instance of petitioner no.2, it is submitted that both the cases have arising out of a scuffle between the parties due to subsisting dispute, in fact, the petitioners' side have sustained grievous injuries. The injury report enclosed with the case of the prosecution in Khajauli P. S. Case no. 169 of 2019 is indicative of the fact that the all the injured have suffered minor simple injuries. The entire family members of the petitioners have been implicated on extraneous consideration. There is no criminal antecedents of the petitioner.

In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, before the court below, within four (04) weeks from today, they shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the ACJM III, Madhubani, in connection with Khajauli P. S. Case no. 169 of 2019, subject to the conditions as laid down under Section 438(2) Cr. P.C. subject to the following conditions:- (i) That one of the bailors will be a close relative of the

Patna High Court CR. MISC. No.8638 of 2020(2) dt.03-03-2020 3/3 petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the petitioners.

(ii) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U