Raj Kumar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33456 of 2019 Arising Out of PS. Case No.-249 Year-2018 Thana- MANSI District- Khagaria ====================================================== 1.

Raj Kumar Choudhary, Aged about 48 years, Male, Son of Bhola Choudhary @ Bhola Chaudhari Resident of Village Dhanchhar, P.S. Mansi, Dist.- Khagaria.

2.

Jai Jai Ram Choudhary, Aged about 46 years, Male, Son of Bhola Choudhary @ Bhola Chaudhari Resident of Village Dhanchhar, P.S. Mansi, Dist.- Khagaria.

3.

Kamal Choudhary, Aged about 40 years, Male, Son of Bhola Choudhary @ Bhola Chaudhari, Resident of Village Dhanchhar, P.S. Mansi, Dist.- Khagaria.

4.

Subodh Choudhary, Aged about 32 years, Male, Son of Bhola Choudhary @ Bhola Chaudhari, Resident of Village Dhanchhar, P.S. Mansi, Dist. Khagaria.

5.

Chandan Choudhary, Aged about 23 years, Male, Son of Jai Jai Ram Choudhary, Resident of Village - Dhanchhar, P.S.- Mansi, Dist.- Khagaria. 6.

Sita Devi, Aged about 37 years, Female, Wife of Kamal Choudhary Resident of Village - Dhanchhar, P.S.- Mansi, Dist.- Khagaria. 7.

Jagarnath Choudhary, Aged about 57 years, Male, Son of Ishwar Choudhary Resident of Village - Dhanchhar, P.S.- Mansi, Dist.- Khagaria. 8.

Sukarati Choudhary, Aged about 43 years, Male, Son of Ishwar Choudhary Resident of Village - Dhanchhar, P.S.- Mansi, Dist.- Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramesh Kumar Singh For the State :

Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-05-2019 Heard both sides.

Petitioners apprehend their arrest in Mansi P.S. Case No.249 of 2018, registered under Sections 447, 341, 323, 342, 308, 354(a), 387, 427, 504, 506 and 34 of the Indian Penal Code.

Patna High Court CR. MISC. No.33456 of 2019(2) dt.21-05-2019 2/3 The informant named ten persons including the eight petitioners and alleged that Barati was going but they saw the road blocked by the petitioners. The husband other family members of the informant returned and informed the police station but the accused persons having armed with different weapons came and assaulted the informant and his family members.

Learned counsel for the petitioners submits that admittedly there is dispute between the two sides for egress and ingress. There is a counter version being Mansi P.S. Case No.250 of 2018. The petitioners also sustained injuries on account of assault made by the informant side but the injuries found on the persons of the informant side are simple in nature. It appears that on account of dispute with regard to the passage, both sides entered into scuffle and made mutual assault on each other in which both the sides got injuries but the injuries found on the persons of the informant, Turo Devi and others are simple in nature caused by hard and blunt objects. Considering the facts aforesaid, let petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of this order, be enlarged on bail on furnishing bail bond of

Patna High Court CR. MISC. No.33456 of 2019(2) dt.21-05-2019 3/3 Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria in connection with Mansi P.S. Case No.249 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Prabhat Kumar Jha, J) S.KUMAR/- U T