Dhan Jee Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24619 of 2023 Arising Out of PS. Case No.-388 Year-2022 Thana- DINARA District- Rohtas ====================================================== 1.
DHAN JEE CHAUDHARY SON OF LATE RAMASHRAY CHAUDHARY R/O VILLAGE- BASDIHAN TOLA, P.S.- DINARA (BHANAS), DISTRICT- ROHTAS AT SASARAM 2.
KAMLESH CHAUDHARY SON OF LATE RAMASHRAY CHAUDHARY R/O VILLAGE- BASDIHAN TOLA, P.S.- DINARA (BHANAS), DISTRICT- ROHTAS AT SASARAM 3.
PAPPU CHAUDHARY SON OF NAND JEE CHAUDHARY R/O VILLAGE- BASDIHAN TOLA, P.S.- DINARA (BHANAS), DISTRICTROHTAS AT SASARAM 4.
MUNNA CHAUDHARY @ VIJAY KUMAR CHAUDHARY SON OF BHABISHAN CHAUDHARY R/O VILLAGE- BASDIHAN TOLA, P.S.- DINARA (BHANAS), DISTRICT- ROHTAS AT SASARAM 5.
CHANDAN CHAUDHARY SON OF BHABISHAN CHAUDHARY R/O VILLAGE- BASDIHAN TOLA, P.S.- DINARA (BHANAS), DISTRICTROHTAS AT SASARAM ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Babu Nandan Prasad, Adv.
For the Opposite Party/s :
Mr.Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-07-2023 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners apprehend their arrest in a case registered for the offence punishable u/s 147, 148, 149, 341, 323, 325, 307, 504 of the IPC and 27 of the Arms Act.
As per the prosecution case, the F.I.R. named accused
Patna High Court CR. MISC. No.24619 of 2023(2) dt.07-07-2023 2/3 persons came armed variously at the door of the informant and indiscriminately assaulted the informant and his family. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. For the alleged occurrence, there is case and counter-case between the parties and both sides have sustained injuries. The injuries which have been alleged to be inflicted by the petitioners were found simple in nature. Injury report of the injured persons are annexed at Annexure-3 series.
Petitioners have no criminal antecedent and several similarly situated co-accused have been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 04.05.2023 passed in Cr. Misc. No.26079 of 2023. Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since the injuries are simple in nature, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.
Patna High Court CR. MISC. No.24619 of 2023(2) dt.07-07-2023 3/3 (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Dinara (Bhanas) P.S. Case No.388 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T