Jagannath Choudhary And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61707 of 2018 Arising Out of PS.Case No. -274 Year- 2016 Thana -CHHATAPUR District- SUPAUL ======================================================

1. Jagannath Choudhary, son of Late Budhu Choudhary

2. Gulabchand Choudhary, son of Jagannath Choudhary

3. Md. Kalam, son of Md. Jalil All 1 to 3 Resident of Village- Lalpur, P.S.- Chhatapur, District- Supaul. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun Kumar Jha, Advocate For the Opposite Party/s : Mr. Kumar Virendra Narayan, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 08-10-2018 Heard learned counsel for the petitioners and the learned counsel appearing on behalf of the State. The petitioners are apprehending their arrest in connection with Chhatapur P.S. Case No.274 of 2016 for allegedly having committed the offence under Sections 147, 148, 149, 341, 323, 324, 307, 379, 504 and 506 of the Indian Penal Code.

Learned counsel for the petitioners submits that the petitioner nos.1 and 2 are agnates of the informant whereas petitioner no.3 is a co-villager. Learned counsel for the petitioners further submits that there is case and counter case between the parties and the allegations as levelled against

Patna High Court Cr.Misc. No.61707 of 2018 (2) dt.08-10-2018 2/2 these petitioners are wholly based on a scuffle which ensued between the parties. The injuries purported to have been inflicted by these petitioners have been found to be simple in nature as per Annexure 2.

Considering the proximity of relationship between the parties and that there has been case and counter case and there is admitted land dispute, let the three petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, 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 learned Additional Chief Judicial Magistrate-IV, Supaul, in connection with Chhatapur P.S. Case No.274 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) PNM U T