Patna High CourtCR. MISC./38011/2017allowed

Mirtunjay Choudhary And ANR v. The State Of Bihar

2017-08-10Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38011 of 2017 Arising Out of PS.Case No. -44 Year- 2017 Thana -GURUA District- GAYA ======================================================

1. Mirtunjay Choudhary Son of Ramdas Choudhary

2. Ravindra Choudhary Son of Nageshwar Choudhary Both residents of Village Chilor, P.S. - Gurua in the district of Gaya. .... .... Petitioners.

Versus

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

For the Petitioner/s : Mr. Braj Nandan Kumar Tiwary For the Opposite Party/s : Mr. Binod Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 10-08-2017 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in Gurua P.S. Case No. 44 of 2017registered under Sections 147/149/341/323/324/302/337/ 338/504 and 506 of the Indian Penal Code.

As per the prosecution case, petitioners along with other accused persons assaulted the informant, his brother and father by means of lathi and brick bat and one accused Rajbali Choudhary assaulted on the head of his father by means of brick bat resulting into his death.

It has been submitted by learned counsel for the petitioners that the allegations levelled against the petitioners are not specific rather general and omnibus in nature. They are not the assailants of the deceased. They happen to be Gotiyas of the

Patna High Court Cr.Misc. No.38011 of 2017 (02) dt.10-08-2017 2/2 informant and have been falsely implicated in this case by the informant due to dispute of partition of property. The petitioners have been languishing in custody since 15.05.2017. Considering the facts aforesaid, the above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Sherghati, Gaya in connection with Gurua P.S. Case No.44 of 2017.

(Prakash Chandra Jaiswal, J) Trivedi/- U