Naresh Chaudhary And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14777 of 2015 Arising Out of PS.Case No. -517 Year- 2014 Thana -GOPALGANJ CITY District- GOPALGANJ ======================================================
1. Naresh Chaudhary
2. Harkesh Choudhary @ Harkesh Kumar
3. Yugesh Choudhary @ Yugesh Kumar @ Jugesh Kumar
4. Suresh Choudhary @ Suresh Kumar Yadav All sons of Ramnath Choudhary @ Ram Nath Yadav .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sunil Kumar, Advocate For the Opposite Party/s : Mr. Kanhaiya Kishore(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-04-2015 Heard learned counsels for the petitioners and the State.
The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 447/341/323/324//34 of the Indian Penal Code. It is alleged that the petitioners assaulted the informant with sword and 'farsa', and caused grievous injury to him.
It is submitted by learned counsel for the petitioners that in the background of land dispute, the accusation has been levelled. There is counter version of the occurrence also and the petitioners' sides have also received injuries. Considering the fact that petitioner no.2 Harkesh
Patna High Court Cr.Misc. No.14777 of 2015 (2) dt.13-04-2015 2/2 Choudhary @ Harkesh Kumar received grievous injury, let he be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj in connection with Gopalganj Town P.S. Case No.517 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.
So far as petitioner nos.1, 3 and 4 are concerned, this Court is not inclined to grant anticipatory bail to them. Let the learned Court below consider the prayer for regular bail of petitioner nos. 1, 3 and 4, if they surrender within a period of six weeks, keeping in view of the fact that there is counter versions of the occurrence also and the petitioners' side also received injury.
With the above observation, this application with respect to petitioner nos. 1, 3 and 4 only is, accordingly, disposed off.
(Dinesh Kumar Singh, J) Ashwini/- U T