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Patna High CourtCR. MISC./34381/2023allowed

Sanjay Choudhary v. The State Of Bihar

2023-07-21Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34381 of 2023 Arising Out of PS. Case No.-22 Year-2023 Thana- SAHPUR District- Bhojpur ====================================================== 1.

Sanjay Choudhary, son of Late Naku Choudhary Resident of VillageDewaich Kundi, PS- Shahpur, District- Bhojpur 2.

Angad Choudhary, Son of Mana Bind Resident of Village- Dewaich Kundi, PS- Shahpur, District- Bhojpur 3.

Pintu Choudhary, Son of Moti Choudhary Resident of Village- Dewaich Kundi, PS- Shahpur, District- Bhojpur 4.

Jhamlal Choudhary @ Chhamlal Choudhary, Son of Shiv Bhajan Choudhary Resident of Village- Dewaich Kundi, PS- Shahpur, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhaskar Shankar, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 21-07-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in connection with Shahpur P.S. Case No. 22 of 2023 registered for the offences punishable under Sections 307, 147, 148, 149, 341, 323, 504, 506 of the Indian Penal Code.

Allegation against the petitioners and other accused persons is that they have assaulted the informant by means of lathi and danda while the informant was fencing his land due to which he sustained injuries.

Patna High Court CR. MISC. No.34381 of 2023(2) dt.21-07-2023 2/2 Learned counsel for the petitioners submits that there is case and counter case between the parties and both the parties have received injuries. There is no specific allegation of overt act against the petitioners. He further submits that except Section 307 of the IPC, other Sections are bailable in nature and Section 307 of the IPC is not made out in this case. Petitioners have no criminal antecedent.

Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court where the case is pending in connection with Shahpur P.S. Case No. 22 of 2023, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Sunil Dutta Mishra, J) khushbu/- U T