Patna High CourtCR. MISC./45058/2015bail granted

Sudarsan Chaubey And ORS. v. The State Of Bihar

2015-10-16Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45058 of 2015 Arising Out of PS.Case No. -47 Year- 2015 Thana -ARA HARIJAN District- BHOJPUR ======================================================

1. Sudarsan Chaubey Son of Jhalaka Chaubey

2. Mangal Chaubey

3. Jai Ram Chaubey Both sons of Sudarsan Chaubey All resident of village - Barki Tenduni, Police Station - Ayar, District - Bhojpur, Ara .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajiva Ranjan For the Opposite Party/s : Mr. Ambika Bhagat(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-10-2015 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 427, 379, 504 and 506/34 of the Indian Penal Code and Section 3 (I) (X) of the SC/ST (Prevention of Atrocities) Act. The prosecution case is that the accused persons abused the informant by calling caste name and forbade him from selling eggs. It is further alleged that the accused persons threw basket of eggs of the informant, took away `3,000/- from the shop of the informant and also assaulted the informant.

It is submitted by learned counsel for the petitioners that for the occurrence of 26.06.2015 at 7 PM, the FIR was registered

Patna High Court Cr.Misc. No.45058 of 2015 (2) dt.16-10-2015 2/2 on 28.06.2015 at 3 PM whereas the petitioners' side lodged Ayar P.S. Case No. 43 of 2015 under Sections 341, 323 and 324/34 of the IPC against the informant on 26.06.2015 itself and the petitioners' side received grievous injuries. Considering the delayed lodging of the FIR by the informant and the FIR being lodged by the petitioners' side at earlier point of time, let the above named petitioners 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 C.J.M., Bhojpur, Ara in connection with Bhojpur SC/ST P.S. Case No. 47 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

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