Garju Chaudhry v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35297 of 2021 Arising Out of PS. Case No.-268 Year-2020 Thana- DAUDNAGAR District- Aurangabad ====================================================== 1.

GARJU CHAUDHRY Son of Ramadhar Chaudhary Resident of Muhalla - Gulzarpur, Ward No. 05, P.S. - Daudnagar, District - Aurangabad. 2.

Ajay Chaudhry Son of Ramadhar Chaudhary Resident of Muhalla - Gulzarpur, Ward No. 05, P.S. - Daudnagar, District - Aurangabad. 3.

Jyotish Kumar Son of Ajay Chaudhry Resident of Muhalla - Gulzarpur, Ward No. 05, P.S. - Daudnagar, District - Aurangabad. 4.

Sunil Chaudhry Son of Dudheshwar Chaudhry @ Kundan Resident of Muhalla - Gulzarpur, Ward No. 05, P.S. - Daudnagar, District - Aurangabad. 5.

Birendra Chaudhry Son of Ramgopal Chaudhry Resident of Muhalla - Gulzarpur, Ward No. 05, P.S. - Daudnagar, District - Aurangabad. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Santosh Chandra Bhaskar, Advocate For the Opposite Party/s :

Mr.Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-04-2022 Heard learned counsel for the petitioners and learned APP for the State.

Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 324, 307, 379, 504/34 of the Indian Penal Code.

Prosecution case, in short, is that the petitioner Nos.3

Patna High Court CR. MISC. No.35297 of 2021(2) dt.12-04-2022 2/3 to 5 came at the field of the informant and started assaulting him with sticks and iron rod, due to which he sustained injury. Two persons, namely, Rajesh Choudhary and Ritik Roshan Kumar came to save him, petitioner Nos.1 and 2 assaulted them by lathi and iron rod, due to which they sustained injuries. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. It is a case and counter case between the parties. Free fight is alleged to have taken place. The injuries on the side of the accused persons have not been explained by the prosecution.

The prosecution has not come with clean hands. On behalf of the State, it is submitted that the petitioners are named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M.

Patna High Court CR. MISC. No.35297 of 2021(2) dt.12-04-2022 3/3 P.S. case No.268/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T