Manoj Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34969 of 2019 Arising Out of PS. Case No.-137 Year-2019 Thana- MAKHDUMPUR District- Jehanabad ====================================================== 1.
Manoj Chaudhary Son of Rajendra Chaudhary Resident of village- Machhil, P.S.- Makhdumpur, District- Jehanabad.
2.
Rajendra Chaudhary Son of Ram Dahin Chaudhary Resident of villageMachhil, P.S.- Makhdumpur, District- Jehanabad. 3.
Mukesh Paswan Son of Suresh Paswan Resident of village- Machhil, P.S.- Makhdumpur, District- Jehanabad.
4.
Indal Chaudhary @ Inder Chaudhary Son of Late Jageshar Chaudhary Resident of village- Machhil, P.S.- Makhdumpur, District- Jehanabad. 5.
Shiva Chaudhary Son of Late Jageshar Chaudhary, Resident of villageMachhil, P.S.- Makhdumpur, District- Jehanabad. 6.
Vijay Chaudhary Son of Ratan Chaudhary Resident of village- Machhil, P.S.- Makhdumpur, District- Jehanabad.
7.
Ganeshi Chaudhary Son of Indal Chaudhary @ Inder Chaudhary Resident of village- Machhil, P.S.- Makhdumpur, District- Jehanabad. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Kumar For the Opposite Party/s :
Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 29-05-2019 At the outset, learned counsel for the petitioners seeks permission to make correction in paragraph no.1 of bail application by adding Section 307 of the Indian Penal Code. Learned counsel for the petitioners is permitted to make correction and the same may be done in course of the day. Heard learned counsel for the petitioners and learned APP for the State.
The instant application for anticipatory bail has been
Patna High Court CR. MISC. No.34969 of 2019(2) dt.29-05-2019 2/3 filed by the petitioners apprehending their arrest in connection with Makhdumpur P.S. Case No. 137 of 2019, registered for the offence under Sections 147, 148, 149, 452, 323, 324, 325, 326, 307, 380, 504 and 506 of the Indian Penal Code. As per allegation made in the F.I.R., it is stated that 10-15 persons variously armed, attacked the informant. It is further stated that co-accused Nagendra Chaudhary, Suresh Chaudhary and Manohar Chaudhary were carrying Garasa, iron rod and Pasuli respectively against whom there is specific allegation of assault.
It is submitted by learned counsel for the petitioners that so far as petitioners are concerned, there are general and omnibus allegations against them. Although the alleged occurrence took place on 22.03.2019 but the informant has lodged the instant case on 25.03.2019 without there being any plausible explanation for the same.
The application for anticipatory bail has been opposed by learned APP appearing for the State.
Having heard the learned counsel for the parties and considering the fact that main allegations are against Nagendra Chaudhary, Suresh Chaudhary and Manohar Chaudhary who are not petitioners in this application, all the seven petitioners,
Patna High Court CR. MISC. No.34969 of 2019(2) dt.29-05-2019 3/3 named above, are directed to surrender in the court below within a period of six weeks from today and in the event of their arrest or surrender, they shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Jehanabad in connection with Makhdumpur P.S. Case No. 137 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(Partha Sarthy, J) sushma/- U T