Vijay Chaudhary And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41054 of 2017 Arising Out of PS.Case No. -148 Year- 2016 Thana -NIMCHAKBATHANI District- GAYA ======================================================
1. VIJAY CHAUDHARY S/o Suresh Chaudhary, Resident of VillageTelari, P.S.-Neemchak Bathani, District-Gaya.
2. Dara Chaudhary @ Ajay Chaudhary S/o Suresh Chaudhary, Resident of Village-Telari, P.S.-Neemchak Bathani, District-Gaya. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dhirendra Kumar Sinha For the Opposite Party/s : Mr. Upendra Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 21-09-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners are in custody since 13.06.2017 in connection with a case registered for the offences punishable under Sections 147/148/149/447/341/323/324/307/504/506/302 of the Indian Penal Code.
Learned counsel for the petitioners submits that there are general and omnibus allegations against all the accused persons and one such person has been extended the privilege of regular bail.
Learned counsel for the informant, however, submits that there is specific allegation against the Dara Choudhary who is petitioner No. 2 of the present application. He further submits that
Patna High Court Cr.Misc. No.41054 of 2017 (3) dt.21-09-2017 2/2 it was Dara Chaudhary who had inflicted the blow which ultimately resulted in his death.
Learned counsel for the petitioners, however, submits that there was no repetition of blows and there is no specific finding that the injury was caused by the Dara which led to the death. Considering the entire facts and circumstances and that there is no further cogent material, let the petitioners above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. X, Gaya, in connection with Neem Chak Bathani P.S. Case No. 148/2016. (Anjana Mishra, J) Saif/- U T