Dev Pujan Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29717 of 2019 Arising Out of PS. Case No.-164 Year-2018 Thana- BHAGWANGANJ District- Patna ====================================================== 1.

DEV PUJAN CHAUDHARY Son of Fagu Chaudhary, Resident of VillageShivchak, P.S.- Bhagvanganj, Masaudhi, District- Patna. 2.

Raju Chaudhary, Son of Ram Prasad Chaudhary, Resident of VillageShivchak, P.S.- Bhagvanganj, Masaudhi, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Narayan Brahmachari For the Opposite Party/s :

Mr.Ajay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 07-05-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Bhagvanganj P.S.Case No. 164 of 2018, disclosing offences under Sections 341, 323, 307, 354, 448 and 506/34 of the Indian Penal Code.

On perusal of the FIR, I find that over a petty dispute between the parties, some altercation had taken place, which finally culminated into a scuffle. There is a counter case also, said to have been filed on the same day, registered as Bhagvanganj P.S. Case No. 165 of 2018.

Though there is allegation of assault made by the petitioners, by sharp-cutting weapons, but considering the

Patna High Court CR. MISC. No.29717 of 2019(2) dt.07-05-2019 2/2 background in which the occurrence is said to have taken place, coupled with the fact that the parties are agnates and there is petty dispute between them, a case for grant of anticipatory bail is made out.

Accordingly, this application is allowed. Let the petitioners, above named, in the event of their arrest/surrender within six weeks from today in the court below, 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 the learned Shri B.N.Tripathi J.M. 1st Class, Masaurhi in Bhagvanganj P.S. Case No. 164 of 2018, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) HR/- U T