Munni Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35486 of 2024 Arising Out of PS. Case No.-95 Year-2024 Thana- GAYA MUFASIL District- Gaya ====================================================== 1.
Munni Chaudhary Son of Late Ram Dhani Chaudhary R/O Vill.- Goga, P.S.- Mufassil, Dist.- Gaya 2.
Shiva Chaudhary @ Shiva Kumar Son of Popal Chaudhary @ Gulabchand Chaudhary R/O Vill.- Goga, P.S.- Mufassil, Dist.- Gaya 3.
Pintu Chaudhary Son of Nanku Chaudhary R/O Vill.- Goga, P.S.- Mufassil, Dist.- Gaya 4.
Pramod Chaudhary Son of Late Jagdish Chaudhary R/O Vill.- Goga, P.S.- Mufassil, Dist.- Gaya 5.
Subodh Chaudhry @ Subodh Kumar Son of Sadhu Chaudhary R/O Vill.- Goga, P.S.- Mufassil, Dist.- Gaya 6.
Nitish Chaudhary @ Nitish Kumar Son of Naresh Chaudhary R/O Vill.- Goga, P.S.- Mufassil, Dist.- Gaya 7.
Bablu Chaudhary Son of Birendra Chaudhary @ Virad Chaudhary @ Benga R/O Vill.- Goga, P.S.- Mufassil, Dist.- Gaya 8.
Dhananjay Chaudhary @ Dhanraj Chaudhary Son of Tileshwar Chaudhary R/O Vill.- Goga, P.S.- Mufassil, Dist.- Gaya 9.
Vikash Chaudhary @ Vikash Kumar Son of Munni Chaudhary @ Munni Lal Chaudhary R/O Vill.- Goga, P.S.- Mufassil, Dist.- Gaya 10.
Rishi Chaudhary @ Rishi Kumar Son of Manoj Chaudhary @ Anoj Chaudhary R/O Vill.- Goga, P.S.- Mufassil, Dist.- Gaya ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Satyaveer Jha, Advocate For the Opposite Party/s :
Mr. Madhuri Lata, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 10-06-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
02. In the present case, the petitioners are apprehending their arrest in connection with Mufassil P.S. Case No. 95 of 2024,
Patna High Court CR. MISC. No.35486 of 2024(2) dt.10-06-2024 2/3 registered for the alleged offence under Sections 147, 149, 341, 323, 307, 379, 504, 506 of the Indian Penal Code.
03. As per prosecution case, petitioners who were variously armed abused and assaulted the son of the informant causing injuries to him. They also snatched a Gold locket from the son of the informant.
04. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case by the victim. The occurrence took place in the background of dispute over playing Cricket. The son of the informant was treated by the doctor, who found injuries to be simple in nature caused by hard and blunt object. Learned counsel further submits that the allegation of snatching the Gold locket is false and concocted. From the facts of the case, it also appears that there has been no attempt made on the life of the petitioner and hence, there is no application under Section 307 I.P.C. Other offences mentioned in the F.I.R. are bailable in nature and petitioner has got no criminal antecedent.
05. Learned A.P.P. for the State opposes the prayer for anticipatory bail and submits that son of the informant was admitted in the hospital where fardbeyan was recorded and he received injuries on his vital part.
06. Having regard to the facts and circumstances and
Patna High Court CR. MISC. No.35486 of 2024(2) dt.10-06-2024 3/3 submission made on behalf of the parties and considering the possibility of false implication and injuries are simple in nature, let the petitioners above named, in the even of their arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Mufassil P.S. Case No.95 of 2024, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions: (i) One of the bailors will be a close relative of the petitioners.
(ii) The petitioners will remain present on each and every date fixed by the court below, if so required by the learned trial court.
(Arun Kumar Jha, J) mdrashid/- U T