Gopal Choudhary And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24989 of 2018 Arising Out of P.S.Case No. -349 Year- 2017 Thana -SHIVSAGAR District- SASARAM (ROHTAS) ======================================================

1. Gopal Choudhary

2. Sukhdeo Choudhary Both sons of Late Lalmuni Choudhary

3. Ajay Choudhary

4. Kanhaiya Choudhary

5. Gorakh Choudhary No. 3 to 5 are sons of Sri Gopal Choudhary

6. Chhathu Choudhary S/o Late Ajay Choudhary All residents of village - Alampur, P.S. Shivsagar (Baddi), District - Rohtas.

7. Sonu Choudhary S/o Munnar Choudhary resident of village - Dehri, Shivganj, P.S. Dehri, Dist. Rohtas.

8. Pappu Choudhary S/o Jaggu Choudhary resident of village - Japla, P.S. Husainabad, District - Palamu (Jharkhand).

9. Anil Choudhary S/o Basant Choudhary resident of village - Kherni, P.S. Dinara, Dist. Rohtas.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar Singh For the Opposite Party/s : Mr. Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 25-04-2018 Heard.

The petitioners apprehend arrest in connection with Shivsagar (Baddi) P.S.Case No.349 of 2017 registered for an offence under Section 307 and other Sections of the IPC. The allegation as per FIR is that altogether 16 persons named in the FIR assaulted the family members of the informant and snatched the ornaments and cash. Out of 16, nine are petitioners before this Court.

It has been submitted that the petitioners and informant are agnates and land dispute is going on between the parties. There is also no specific allegation against any of the petitioners. The

Patna High Court Cr.Misc. No.24989 of 2018 (2) dt.25-04-2018 2/2 allegation of assault is omnibus and a counter case bearing Shivsagar (Baddi) P.S.Case No.350 of 2017 has been lodged against the informant and his family members. The learned APP opposed the submissions.

Considering the aforesaid facts and circumstances, prayer for anticipatory bail is allowed. Let the above named petitioners in the event of their arrest or surrender before the court below within six 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 Sub Judge-VII-cum-ACJM, Rohtas at Sasaram Rohtas at Sasaram in connection with Shivsagar (Baddi) P.S.Case No.349 of 2017 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(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 cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

B.Kr./- (Sanjay Kumar, J) U T