Dhanesh Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13833 of 2023 Arising Out of PS. Case No.-11 Year-2022 Thana- BAIRIYA District- West Champaran ====================================================== 1.

Dhanesh Chaudhary S/O Late Paspat Chaudhary R/O Village- Tilangahi, P.S- Bairiya, District- West Champaran 2.

Aaditya Savrup Kumar S/O Kedar Chaudhary R/O Village- Tilangahi, P.SBairiya, District- West Champaran 3.

Santosh Chaudhary S/O Prahlad Chaudhary R/O Village- Tilangahi, P.SBairiya, District- West Champaran ... ... petitioners/s

Versus

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

For the petitioners/s :

Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s :

Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 05-09-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Bairiya P.S. Case No. 11 of 2022 instituted under Sections 341, 323, 307, 379, 504, 506 / 34 of the Indian Penal Code.

3. As per the prosecution case, all the F.I.R. named accused persons including the petitioners armed with weapons came at the door of the informant and assaulted the informant and his family members.

4. Learned counsel for the petitioners submits that there is case and counter case between the parties due to

Patna High Court CR. MISC. No.13833 of 2023(4) dt.05-09-2023 2/2 previous enmity. The injury report does not corroborate the allegation against the petitioners. The injury on the injured has been found simple in nature except one injury of Mangeeta Kumari whose opinion was kept reserved. Petitioner Nos. 1 and 3 have no criminal antecedent however, petitioner No. 2 has one criminal antecedent in which he has been acquitted.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount to each to the satisfaction of the learned Additional Chief Judicial Magistrate-III, Bettiah, District-West Champaran in connection with Bairiya P.S. Case No. 11 of 2022, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) ashutosh/- U T