Gauri Shankar Chaudhary And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.125 of 2016 Arising Out of PS.Case No. -27 Year- 2014 Thana -SRI NAGAR District- MADHEPURA ======================================================
1. Gauri Shankar Chaudhary son of Late Mishree Lal Chaudhary
2. Upendra Thakur son of Raghuni Thakur
3. Sunil Thakur son of Yogendra Thakur, All resident of village Mangalwara, P.S.- Shrinagar, District- Madhepura .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Praveen Kumar Agrawal For the Opposite Party/s : Mr. Mukesh Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-01-2016 Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 325, 380, 448, 427, 504, 506 of the Indian Penal Code.
The prosecution case is that in the background of dispute with regard to demarcation of land coaccused Uma Shankar Choudhary assaulted the informant with dab on his head and when Manoj Thakur came to rescue then he was assaulted with spade. There is omnibus and general accusation against others including the petitioners to have made assault.
It is submitted by learned counsel for the petitioners that there is counter version of the occurrence. It is further submitted that other similarly situated co-accused have
Patna High Court Cr.Misc. No.125 of 2016 (2) dt.05-01-2016 2/2 been granted anticipatory bail by a Co-ordinate Bench of this Court vide Cr. Misc. No. 47366 of 2015.
A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. Considering the fact that specific overt act of assault is not against petitioners and there is counter version of the occurrence also, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura in connection with Sri Nagar P.S. Case No. 27 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Shageer/- U T