Sharda Chaudhary @ Sharda Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29054 of 2019 Arising Out of PS. Case No.-329 Year-2018 Thana- MIRGANJ District- Gopalganj ====================================================== 1.

SHARDA CHAUDHARY @ SHARDA YADAV Son of Late Hiraman Chaudhary Resident of Village- Bhagirathi, Police Station- Mirganj, District- Gopalganj.

2.

Osiar Chaudhry @ Osihar Chaudhary, Son of Late Narsingh Chaudhary Resident of Village- Bhagirathi, Police Station- Mirganj, DistrictGopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lokesh Kumar Singh For the Opposite Party/s :

Mr.Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-05-2019 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek bail in S. Tr. No. 129/2019, arising out of Mirganj P.S. Case No. 329/2018, instituted for offences under Section(s) 147, 148, 149, 341, 323, 307, 379, 354, 448, 504 and 302 of the Indian Penal Code. It is alleged in the written report that on the date of occurrence at about 8 P.M., informant was sitting at his door then these petitioners along with other accused persons armed with weapons came and assaulted the informant. Baleshwar Chaudhary (uncle of informant) came to rescue the informant then Brijesh Yadav, Sujit Yadav and Chhotelal Yadav brutally

Patna High Court CR. MISC. No.29054 of 2019(2) dt.06-05-2019 2/3 assaulted him causing injury on his head. Uncle of informant became unconscious. Thereafter three persons entered into the house of informant and assaulted the women with Lathi and Danda. The injured were taken to hospital for treatment. During course of treatment uncle of informant died.

Learned counsel for the petitioners has submitted that there is specific allegation of assault against Brijesh Yadav, Sujit Yadav and Chhotelal Yadav in the written report. There is no allegation of assault against these petitioners. Petitioners are in custody since 24.11.2018.

Considering the aforesaid facts and circumstances, prayer of the petitioners for grant of bail is allowed. Let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned 2nd Addl. Sessions Judge, Gopalganj, in connection with S. Tr. No. 129/2019, arising out of Mirganj P.S. Case No. 329/2018, subject to the conditions that both the bailors shall be the close relative of the petitioners.

(Sanjay Priya, J) rakhi/- U T

Patna High Court CR. MISC. No.29054 of 2019(2) dt.06-05-2019 3/3