Shambhu Chaudhary And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3226 of 2018 Arising Out of PS.Case No. -205 Year- 2017 Thana -JAYNAGAR District- MADHUBANI ======================================================
1. Shambhu Chaudhary, son of Banwari Chaudhary
2. Chandan Kumar Chaudhary, son of Satya Narayan Chaudhary
3. Rajesh Kumar Chaudhary, son of Lat Jiwachh Chaudhary
4. Alok Chaudhary @ Alok Kumar Chaudhary, son of Late Ram Kumar Chaudhary
5. Vimal Chaudhary, son of Late Bhola Chaudhary
6. Rishav Kumar Chaudhary @ Risham Chaudhary, son of Late Narayan Chaudhary All residents of Village- Jaynagar (Rajputama), P.S. Jaynagar, DistrictMadhubani. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Md. Soban Asghar, Advocate. For the Opposite Party/s : Mr. Umesh Lal Verma, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 20-02-2018 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Jaynagar P.S. Case No. 205 of 2017 arising out of CRI Case No. 1348 of 2017 instituted for the offence under Sections 384, 386, 387, 147, 148, 149, 323, 506 and 504 of the Indian Penal Code. In the written report it is alleged that while the informant was constructing his boundary wall, suddenly these petitioners reached, made demand of Rs.10,00,000/- as Rangdari and assaulted the informant.
Patna High Court Cr.Misc. No.3226 of 2018 (5) dt.20-02-2018 2/2 As such, there is general and omnibus allegation against the petitioners.
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 Jaynagar P.S. Case No. 205 of 2017 arising out of CRI Case No. 1348 of 2017, 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 Sub Divisional Judicial Magistrate, Madhubani, 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 (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/- U T