Sanjay Chaudhary And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13489 of 2018 Arising Out of PS.Case No. -5 Year- 2018 Thana -SHEKHPURA District- SEKHPURA ======================================================

1. Sanjay Chaudhary, S/o Arjun Chaudhary,

2. Tuntun Chaudhary S/o Arjun Chaudhary, Both are R/o Mohalla- Dewale, P.S.- (Kushumbha O.P.), Sheikhpura, District- Sheikhpura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Javed Aslam For the Opposite Party/s : Mr. Sri Satyadev Prasad Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-04-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Sheikhpura P.S.Case No.05 of 2018 , registered for offences punishable under Sections 341, 307, 379, 504 and 506/34 of the Indian Penal Code.

Allegation against the petitioners is of assault by lathi causing injury.

Submission of the learned counsel for the petitioners is that he has been falsely implicated in this case as there was dispute with respect to drainage of the water. Further submission is that all the injures were found to be simple in nature. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.13489 of 2018 (2) dt.06-04-2018 2/2 circumstances, as stated above , let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Sheikhpura in connection with Sheikhpura P.S.Cae no.05 of 2018, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure. With following conditions :

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of their bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T