Patna High CourtCR. MISC./26725/2015bail granted

Santosh Choudhary @ Santosh Kumar And ANR. v. The State Of Bihar

2015-07-20Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26725 of 2015 Arising Out of PS.Case No. -178 Year- 2013 Thana -AKBARPUR District- NAWADA ======================================================

1. Santosh Choudhary @ Santosh Kumar Son of Bijay Choudhary

2. Brahmdeo Choudhary Son of Gopi Choudhary .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vishwa Ranjan Choudhary, Advocate For the Opposite Party/s : Mr. Kanhaiya Kishore (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-07-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Section 147/149/341/323/324/307/448/504/379 of the Indian Penal Code. It is specifically alleged that co-accused Dharmendara Chaudhary inflicted injury with spade on the head of the informant whereas others assaulted with 'lathi' when wife and brother's wife of the informant came to rescue they were also assaulted by the accused persons.

It is submitted by learned counsel for the petitioners that injury has been found to be simple. There is counter version of the occurrence also and for the occurrence of 18.09.2013, the FIR was registered on 23.09.2013 whereas the petitioners' side

Patna High Court Cr.Misc. No.26725 of 2015 (2) dt.20-07-2015 2/2 lodged the case on the same day i.e. 18.09.2013. A statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.

Considering the delayed lodging of the case and the petitioners having no criminal antecedent, let them 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) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nawada in connection with Akbarpur P.S. Case No.178 of 2013, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T