Umesh Choudhary And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41996 of 2018 Arising Out of PS.Case No. -9 Year- 2018 Thana -MANSI District- KHAGARIA ======================================================
1. Umesh Choudhary, son of Late Basdev Choudhary,
2. Bishal Choudhary @ Bilash Choudhary,
3. Sonelal Choudhary,
4. Ponelal Choudhary, all three are son of Late Sahdeo Choudhary,
5. Jagarnath Choudhary, son of Late Ishwar Choudhary,
6. Mastan Choudhary, son of Late Singheshwar Choudhary, All are resident of Village- Dhanchhar, P.S.- Mansi, District- Khagaria. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Mangali Devi, wife of Kapildeo Singh, resident of Village- Dhanchhar, P.S.- Mansi, District- Khagaria.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ramesh Kumar Singh, Advocate For the Opposite Party/s : Mr. Anuj Kumar Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 25-07-2018 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Mansi P.S. Case No.09 of 2018 instituted for the offence under Sections 323, 147, 148, 149, 342, 386, 379, 354, 120B of the Indian Penal Code and Sections 27 of the Arms Act.
Counsel for the petitioner has submitted that the instant case has been filed on account of land dispute between the parties. It has further been submitted that prior to the case petitioner No.3 has filed Complaint Case No.1045-C of 2017
Patna High Court Cr.Misc. No.41996 of 2018 (2) dt.25-07-2018 2/3 dated 21.11.2017 before learned Chief Judicial Magistrate, Khagaria against informant and others. It has further been submitted that in the instant case occurrence is said to have taken place on 25.11.2017 and the instant case has been filed after delay of 20 days.
In the written report there is general and omnibus allegation against the petitioner that he made demand of Rangdari and assaulted the informant.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Mansi P.S. Case No.09 of 2018, they shall 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, Khagaria, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bond and
Patna High Court Cr.Misc. No.41996 of 2018 (2) dt.25-07-2018 3/3
(3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J) S.Ali/- Rohit Kr.
U T