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Patna High CourtCR. MISC./15646/2022bail granted

Bhola Choudhary v. The State Of Bihar

2022-10-18Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15646 of 2022 Arising Out of PS. Case No.-387 Year-2021 Thana- GOPALPUR District- Bhagalpur ====================================================== 1.

BHOLA CHOUDHARY SON OF LATE DHANESHWAR CHOUDHARY RESIDENT OF BHIMDAS TOLA, P.S. (RANGRA) GOPALPUR, DISTRICT- BHAGALPUR 2.

SURAJ KUMAR SON OF SRI BHOLA CHOUDHARY RESIDENT OF BHIMDAS TOLA, P.S. (RANGRA) GOPALPUR, DISTRICTBHAGALPUR 3.

KUNDAN KUMAR CHOUDHARY SON OF SHAMBHU CHOUDHARY RESIDENT OF BHIMDAS TOLA, P.S. (RANGRA) GOPALPUR, DISTRICT- BHAGALPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-10-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 307, 379, 504, 506 and 34 of the Indian Penal Code. Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that on 25.08.2021 at 4:00 PM when he was sitting near Bajrangbali Sthan when the children of

Patna High Court CR. MISC. No.15646 of 2022(3) dt.18-10-2022 2/3 petitioner no.1 were pelting stones in water which was objected, on account of which a dispute started when the children informed their parents about the objection and thereafter it is alleged that the accused persons abused and assaulted the informant with lathi, stick and iron rod. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case, it is next submitted that allegation of assault is general and omnibus in nature, it is also submitted that the injury suffered is simple in nature.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners, but fairly accepts that the injury suffered is simple in nature and the allegation of assault is general and omnibus.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court

Patna High Court CR. MISC. No.15646 of 2022(3) dt.18-10-2022 3/3 where the case is pending/successor court in connection with Gopalpur (Rangra) P.S. Case No. 387 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Shivam/- U T