Suraj Choubey @ Suryadeo Choubey And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.32369 of 2016 (2) dt.12-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32369 of 2016 Arising Out of PS.Case No. -96 Year- 2016 Thana -BUXAR INDUSTRIAL District- BUXAR ======================================================

1. Suraj Choubey @ Suryadeo Choubey S/o Late Uma Choubey

2. Munna Choubey @ Narensra Choubey S/o Suraj Choubey @ Suryadeo Choubey Both are residents of Village - Ahirauli, P.S. - Buxar (Muffasil), District - Buxar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Neeraj Kumar Alias Sanidh For the Opposite Party/s : Mr. Smt Renu Kumari ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 12-08-2016 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioners apprehend their arrest in connection with Buxar (Industrial) P.S. Case No. 96 of 2016 for the offences registered under Sections 447, 341, 323, 504, 114, 379, 307 of the Indian Penal Code.

Learned counsel for the petitioners submits that though there is allegation against the petitioners of having assaulted the persons leading to grievous injury. Actually the entire incident occurred on account of land dispute in which the informant's sides were the aggressors. It is further submitted that there was no intention of killing as the petitioners were not armed with and the occurrence took place at the spur of the moment. Admittedly, the petitioners are said to have attacked with bricks and stones and not otherwise.

Patna High Court Cr.Misc. No.32369 of 2016 (2) dt.12-08-2016 Considering the nature of allegation and that there is case and counter case between the parties and also the fact that the petitioners have no criminal antecedents, let the 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 Chief Judicial Magistrate, Buxar in connection with Buxar (Industrial) P.S. Case No. 96 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Anjana Mishra, J) Jagdish/- U T