Triloki Chaubey @ Tirloki Chaubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26352 of 2020 Arising Out of PS. Case No.-174 Year-2019 Thana- SIDHWALIYA District- Gopalganj ====================================================== TRILOKI CHAUBEY @ TIRLOKI CHAUBEY S/o Late Chandrika Chaubey Resident of Village-Khajuriya, Police Station-Sidhwaliya, District-Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lokesh Kumar Singh For the Opposite Party/s :

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-10-2020 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State, through video conferencing.

The petitioner apprehends his arrest in connection with Sidhwaliya Police Station Case No. 174 of 2019, registered for the offences punishable under Sections 341/323/324/325/ 307/379/34 of the Indian Penal Code.

The allegation against the petitioner is that the petitioner, along with other co-accused persons, assaulted the family members of the informant by means of knife and lathi. Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and both the parties are co-sharers and there is case and counter case inasmuch as Sidhwaliya Police Station Case No. 175 of

Patna High Court CR. MISC. No.26352 of 2020(2) dt.21-10-2020 2/3 2019 has been lodged by the side of the petitioner against the informant and others for an incident which took place on the same date and time. He further submits that there was free fight between the parties and both sides have received injuries. He, referring to the impugned order, submits that the injuries sustained by the victims are simple in nature. After having heard learned Counsel for the parties and taking into consideration the materials on record and the fact that both the parties are co-sharers, there is land dispute between them, there is case and counter case between the parties and injuries sustained by the victims are simple in nature, I am inclined to grant the petitioner privilege of anticipatory bail. This application is allowed.

Accordingly, let the petitioner, above named, be released on bail, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Gopalganj, in connection with Sidhwaliya Police Station Case No. 174 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

Patna High Court CR. MISC. No.26352 of 2020(2) dt.21-10-2020 3/3 It is made clear that at the time of furnishing bail bonds, all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √