Kanik Choudhary @ Kanik Lal Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31117 of 2020 Arising Out of PS. Case No.-35 Year-2017 Thana- BELDOUR District- Khagaria ====================================================== 1.

Kanik Choudhary @ Kanik Lal Chaudhary, S/o Late Shankar Choudhary, Resident of Village- Rahimpur Gawas, P.S.- Beldaur, District- Khagaria. 2.

Pintu Choudhary @ Sanjeev Kumar, S/o Kanik Choudhary @ Kanik Lal Chaudhary, Resident of Village- Rahimpur Gawas, P.S.- Beldaur, DistrictKhagaria. 3.

Prema Choudhary @ Prema Chaudhary, S/o Kanik Choudhary @ Kanik Lal Chaudhary, Resident of Village- Rahimpur Gawas, P.S.- Beldaur, DistrictKhagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar, Advocate For the Opposite Party/s :

Mrs. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 10-02-2021 Reg. I.A. No. 1 of 2021 An interlocutory application, bearing I.A. No. 1 of 2021, has been filed for amendment in the petition. For the reasons stated in the interlocutory application, the same is allowed. The regular bail filed on behalf of the petitioners is treated as anticipatory bail application. Heard learned counsel for the petitioners and the State.

The petitioners are apprehending arrest in connection with Beldaur P.S. Case No. 35 of 2017 for the offence under Sections 384, 447, 504, 506/34 of the Indian Penal Code.

Patna High Court CR. MISC. No.31117 of 2020(3) dt.10-02-2021 2/3 Learned counsel for the petitioners submits that the petitioners have got no criminal antecedent.

Referring to the Kewala (sale deed) learned counsel for the petitioners submits that the land belongs to the petitioners, yet they have been charged for demanding Rangdari in connection with cultivation of their own land from the informant's side and they have been made accused for the alleged demand of Rangdari. He further submits that the police after investigation submitted charge-sheet under Sections 384, 447, 504, 506/34 of the Indian Penal Code and cognizance has been taken against the petitioners.

Considering the aforesaid, the petitioners named above, in the event of arrest or surrender before the court below within one month from today, are directed to be released on bail on furnishing bail bonds of Rs.50,000/- (Rupees fifty thousand) each with two sureties of the like amount each to the satisfaction of Smt. Ankita Jaiswal, Judicial Magistrate, 1st Class, Khagaria in connection with Beldaur P.S. Case No. 35 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

The petitioners will deposit Rs.50,000/- (Fifty thousand) each cash in the court below and the same shall abide

Patna High Court CR. MISC. No.31117 of 2020(3) dt.10-02-2021 3/3 by the final outcome in the trial i.e. if the petitioners are acquitted the amount of Rs.50,000/- shall be refunded in favour of the petitioners, otherwise it shall be forfeited. (Anil Kumar Upadhyay, J) uday/- U T