Shrawan Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31211 of 2019 Arising Out of PS. Case No.-30 Year-2019 Thana- GAYA MUFASIL District- Gaya ====================================================== 1.

SHRAWAN CHAUDHARY Son of Anandi Chaudhary Resident of Village - Bhadeja, P. S. - Muffasil, District - Gaya 2.

Santosh Paswan Son of Laxmi Paswan Resident of Village - Bhadeja, P. S. - Muffasil, District - Gaya 3.

Rakesh Chaudhary Son of Suresh Chaudhary Resident of Village - Bhadeja, P. S. - Muffasil, District - Gaya 4.

Dhakani Chaudhary Son of Late Munshi Chaudhary Resident of Village - Bhadeja, P. S. - Muffasil, District - Gaya 5.

Deepak Chaudhary Son of Mundrika Chaudhary Resident of Village - Bhadeja, P. S. - Muffasil, District - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramashish For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 15-05-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 147, 148, 149, 307, 323, 337, 427 IPC and Section 27 of the Arms Act registered in connection with Mofassil P.S. Case No. 30 of 2019.

3. It is submitted that the petitioners have been falsely implicated in the backdrop of land dispute and there is case and counter case between the parties. The accusation of assault is general and omnibus without any specific assault attributed individually and there is no injury report on record. The petitioners are accused in one prior case instituted by the informant's side, in which they are on bail. Similarly situated co-accused persons have been granted anticipatory bail by this Court in Cr. Misc. No. 30612 of 2019.

Patna High Court CR. MISC. No.31211 of 2019(2) dt.15-05-2019 2/2

4. Be that as it may, in the event of the petitioners arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned CJM, Gaya in connection with Mofassil P.S. Case No. 30 of 2019, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions: i. That one of the bailors shall be a close relative of the petitioners. ii. That the petitioners shall not indulge in any similar offence till conclusion of the trial.

iii. That the petitioners shall co-operate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

iv. The petitioners shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/- U T