Kanhaiya Kumar Choudhary And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1014 of 2018 Arising Out of PS.Case No. -579 Year- 2017 Thana -SAMASTIPUR MUFFASIL DistrictSAMASTIPUR ======================================================

1. Kanhaiya Kumar Choudhary Son of Kishun Kumar Choudhary

2. Murari Choudhary Son of Kishun Kumar Choudhary

3. Nabnit Kumar Son of Kishun Kumar Choudhary

4. Kishun Kumar Choudhary @ Krishna Kumar Chaudhary son of Late Ram Feran Choudhary.

All residents of village - Leguniya Dih, Police Station - Samastipur (M), Distt. - Samastipur.

.... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Kumar Singh, Advocate For the Opposite Party/s : Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 16-01-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners seek pre-arrest bail in connection with Samastipur (Muffasil) P. S. Case No. 579 of 2017 registered under Sections 323, 341, 354-B, 379, 427, 504 and 506 of the Indian Penal Code.

It is submitted by the learned counsel for the petitioners that the informant and others brutally assaulted the petitioner no. 1 Kanhaiya Kumar Choudhary and also

Patna High Court Cr.Misc. No.1014 of 2018 (2) dt.16-01-2018 2/2 committed theft for which on the statement of Kanhaiya Kumar Choudhary, Samastipur (Muffasil) P. S. Case No. 580 of 2017 was registered under Sections 448, 341, 323, 379, 427, 504 and 506 read with 34 of the Indian Penal Code. He submitted that the instant case was instituted only in retaliation to the case instituted by petitioner no. 1 Kanhaiya Kumar Choudhary. He submitted that the petitioners are men of clean antecedent and having got roots in the society, they are not likely to abscond or tamper with the evidence.

Regard being had to the nature of allegation made in the FIR and the submissions made above, the petitioners named above are directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-V, Samastipur in Samastipur (Muffasil) P. S. Case No. 579 of 2017, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure, in the event of arrest or surrender before the court below within six weeks from today.

(Ashwani Kumar Singh, J.) Kanchan/- U T