Birendra Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15590 of 2023 Arising Out of PS. Case No.-183 Year-2022 Thana- BACHHWARA District- Begusarai ====================================================== 1.

Birendra Choudhary Son Of Chandrashekhar Choudhary Resident Of Village - Rani Tol, P.S.- Bachhwara, Dist. - Begusarai. 2.

Aman Kumar Son Of Birendra Choudhary Resident Of Village - Rani Tol, P.S.- Bachhwara, Dist. - Begusarai.

3.

Suman Kumar Son Of Birendra Choudhary Resident Of Village - Rani Tol, P.S.- Bachhwara, Dist. - Begusarai.

4.

Gulshan Kumar Son Of Birendra Choudhary Resident Of Village - Rani Tol, P.S.- Bachhwara, Dist. - Begusarai.

5.

Vishal Kumar Son Of Dhananjay Choudhary Resident Of Village - Rani Tol, P.S.- Bachhwara, Dist. - Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-06-2023 Heard learned counsel for the petitioners, informant and learned Additional Public Prosecutor for the State. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 337, 307, 384, 379, 504 and 506/34 of the Indian Penal Code. As per FIR, the petitioners assaulted the informant and her husband by means of lathi, danda and iron rod. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that there is case and counter case between

Patna High Court CR. MISC. No.15590 of 2023(3) dt.22-06-2023 2/3 the parties. He submits that there is general and omnibus allegation levelled against the petitioners. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application.

Learned APP for the State and learned counsel for the informant oppose the prayer for bail and submit that there is specific allegation of assault against the petitioner no. 2 Aman Kumar to have assaulted the husband of the informant as a result of which he received grievous injury.

Considering the facts and circumstances of the case and the fact that there is no specific allegation against the petitioner nos. 3, 4 and 5, let the above named petitioner nos. 3, 4 and 5 in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Bachhwara P.S. Case No. 183 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. So far as petitioner no. 2 is concerned, I am not inclined to enlarge him on bail. Accordingly, his prayer for

Patna High Court CR. MISC. No.15590 of 2023(3) dt.22-06-2023 3/3 anticipatory bail is rejected in connection with the aforesaid case.

(Anjani Kumar Sharan, J) devendra/- U T