Ganesh Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28949 of 2020 Arising Out of PS. Case No.-204 Year-2019 Thana- BUNIYAD GANJ District- Gaya ====================================================== 1.
GANESH CHAUDHARY Son of Lakhan Chaudhary Resident of Village - Head Manpur Takiya, P.S.- Buniyadganj, District - Gaya 2.
Nago Chaudhary @ Nagendra Chaudhary Son of Lakhan Chaudhary Resident of Village - Head Manpur Takiya, P.S.- Buniyadganj, District - Gaya 3.
Dharmendra Chaudhary @ Dharmendra Kumar Son of Dinesh Chaudhary Resident of Village - Head Manpur Takiya, P.S.- Buniyadganj, District - Gaya 4.
Ravi Chaudhary Son of Dinesh Chaudhary Resident of Village - Head Manpur Takiya, P.S.- Buniyadganj, District - Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prithivi Raj Singh, Adv For the Opposite Party/s :
Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 14-12-2020 Heard Mr. Prithivi Raj Singh, learned counsel for the petitioners and Mr. Madan Kumar, Additional Public Prosecutor for the state through video conferencing.
2. Petitioners apprehend their arrest in connection with Buniyadganj PS Case No. 204/2019 registered for the offence punishable under Sections 147, 148, 149, 341, 323, 379, 504 of the Indian Penal Code.
3. The allegation, as per First Information Report, is that the petitioners along with other accused persons assaulted the informant with Lathi, rod and sword.
Patna High Court CR. MISC. No.28949 of 2020(2) dt.14-12-2020 2/3
4. Learned counsel for the petitioners submits that both the parties are co-villagers and the dispute between the parties took place on the issue of playing cards during Diwali festival. Learned counsel further submits that there is case and counter case between the parties inasmuch as Buniyadganj PS Case No. 213/2019 has been lodged for the occurrence which has taken place at the same date and time. Learned counsel next submits that the injury, received by the informant, has been found to be simple in nature.
5. Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that both the parties are co-villagers and there is case and counter case between them and the injury, received by the informant, has been found to be simple in nature, I am inclined to grant anticipatory bail to the petitioners.
6. Accordingly, petitioners, named above, shall be released on anticipatory bail, in the event of arrest or surrender within six weeks, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-8th, Gaya in connection with Buniyadganj PS Case No. 204/2019, subject to the conditions as laid down under Section 438(2)
Patna High Court CR. MISC. No.28949 of 2020(2) dt.14-12-2020 3/3 CrPC.
7. It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines of social distancing.
(Anil Kumar Sinha, J) perwez U T