Patna High CourtCR. MISC./15776/2020allowed

Moti Chaudhary v. The State Of Bihar

2020-06-17Mr. Justice Aditya Kumar Trivedi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15776 of 2020 Arising Out of PS. Case No.-479 Year-2019 Thana- BAGHA District- West Champaran ====================================================== MOTI CHAUDHARY (M), aged about 32 years, S/O Uday Narayan Chaudhary @ Uday Narayan Chauhan Resident of Village - Goiti, P.S. - Bagaha (Pathakhauli), District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kr Singh No. 1 For the Opposite Party/s :

Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 17-06-2020 Heard learned counsel for the petitioner as well as learned A.P.P.

There happens to be case and counter case with regard to an occurrence committed on 29.8.2029. The present case happens to be Bagaha (Pathkhauli) P.S.Case No. 479/2019 while at the end of the petitioner, Bagaha (Pathkhauli) P.S.Case No. 480/2019. The allegation as levelled at the end of the informant Manoj Kumar Yadav is that on 29.8.2019 at about 5 P.M. while he was over the road about 15 persons including the petitioner surrounded him and began to assault. During course thereof, Karan Chaudhary gave Farsa blow over his head causing injury thereupon. Chandan Yadav, Saroj Yadav, Atmanand Yadav, Surendra Yadav came in rescue and during course thereof,

Patna High Court CR. MISC. No.15776 of 2020(3) dt.17-06-2020 2/2 Gobind Chaudhary assaulted Chandan Yadav with Farsa over his head. Sanoj Yadav has been assaulted by Moti Chaudhary and Birendra Chaudhary with lathi. Atmanand Yadav and Surendra Yadav have also been assaulted by Deepak Chaudhary and Sonu Chaudhary. Prabhakar Chaudhary snatched away chain while Subhash Chaudhary and Chandan Yadav took away Rs.1,00,000/-. They have also damaged his motorcycle. The petitioner carries omnibus allegation i.e. relating to assault by lathi over Sanoj Yadav. He is under custody since 25.1.2020.

Consequent thereupon, the petitioner Moti Chaudhary is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the A.C.J.M. 1st, Bagaha, District West Champaran in Bagaha (Pathkhauli) P.S.Case No. 479/2019. (Aditya Kumar Trivedi, J) Surendra/- U