Dipu Chaudhary @ Deep Narayan Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22306 of 2019 Arising Out of PS. Case No.-148 Year-2014 Thana- ALOULI District- Khagaria ====================================================== 1.

DIPU CHAUDHARY @ DEEP NARAYAN CHAUDHARY, Son of Ram Prasad Chaudhary, Resident of Village- Chorakhora, P.S.- Alauli, DistrictKhagaria. 2.

Umesh Chaudhary, Son of Ram Prasad Chaudhary, Resident of VillageChorakhora, P.S.- Alauli, District- Khagaria. 3.

Bechan Chaudhary, son of BIlash Caudhary @ Rambilash Chaudhary, Resident of Village- Chorakhora, P.S.- Alauli, District- Khagaria. 4.

Gohal Chaudhary, Son of Ram Prasad Chaudhary, Resident of VillageChorakhora, P.S.- Alauli, District- Khagaria. 5.

Manjur Chaudhary, Son of Parmeshwar Chaudhary, Resident of VillageChorakhora, P.S.- Alauli, District- Khagaria. 6.

Mayaram Chaudhary, Son of Meku @ Feku @ Bhannu Chaudhary, Resident of Village- Chorakhora, P.S.- Alauli, District- Khagaria. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Mr.Pancha Nand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-04-2019 Petitioners seek bail in anticipation of their arrest in connection with Alauli P.S. Case No. 148 of 2014, G.R.No. 1326 of 2014, registered for the offences punishable under Sections 147, 148, 341, 323, 307, 379, 504 and 506 of the Indian Penal Code.

Allegation against petitioner No.1 is of assault by road on the head of the informant, petitioner No.2 is of assault by butt portion of pistol on his shoulder and allegation against

Patna High Court CR. MISC. No.22306 of 2019(2) dt.08-04-2019 2/3 petitioner No.3 is of assault by fatta to the informant and there is general allegation of assault against all the accused persons and of snatching Rs.20,000/- from him.

Submission of learned counsel for the petitioners is that there is land dispute between the parties which is admitted in the FIR and though there is specific allegation of assault against petitioner Nos. 1 and 2 on the head and shoulder but opinion on both the injuries were kept reserved. Heard learned APP also.

Having heard both sides and in the facts and circumstances, let petitioner Nos. 3 to 6, above named, in the event of arrest or surrender within a period of six weeks from the receipt of this order, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria, in connection with Alauli P.S.Case No. 148 of 2014, G.R.No. 1326 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further condition that one of the bailors of the petitioners shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned.

Patna High Court CR. MISC. No.22306 of 2019(2) dt.08-04-2019 3/3 So far petitioner Nos. 1 and 2 are concerned, they should surrender and make prayer for regular bail, which shall be considered on its own merit, without being prejudiced by this order.

With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) spal/- U T