Anil Chaudhary @ Anil Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37138 of 2019 Arising Out of PS. Case No.-11 Year-2019 Thana- MAIRWAN District- Siwan ====================================================== 1.
ANIL CHAUDHARY @ ANIL KUMAR YADAV Son of Late Gorakh Chaudhary @ Late Gorakh Yadav Resident of Village - Chhotka Manjha, P.S.- Mairwa, District- Siwan 2.
Sunil Chaudhary @ Sunil Kumar Yadav Son of Lal Babu Chaudhary @ Lal Babu Yadav Resident of Village - Chhotka Manjha, P.S.- Mairwa, DistrictSiwan 3.
Dharmendra Chaudhary @ Dharmendra Yadav Son of Lal Babu Chaudhary @ Lal Babu Yadav Resident of Village - Chhotka Manjha, P.S.- Mairwa, District- Siwan 4.
Anish Chaudhary @ Anish Kumar Yadav Son of Late Gorakh Chaudhary @ Late Gorakh Yadav Resident of Village - Chhotka Manjha, P.S.- Mairwa, District- Siwan 5.
Asha Kumari Wife of Anish Chaudhary @ Anish Yadav Resident of Village - Chhotka Manjha, P.S.- Mairwa, District- Siwan 6.
Rekha Devi Wife of Dharmendra Chaudhary @ Dharmendra Yadav Resident of Village - Chhotka Manjha, P.S.- Mairwa, District- Siwan 7.
Sunita Devi Wife of Sunil Chaudhary @ Sunil Yadav Resident of Village - Chhotka Manjha, P.S.- Mairwa, District- Siwan ... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raghav Prasad For the Opposite Party/s :
Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-06-2019 Heard learned counsel for the parties.
This application for anticipatory bail arises out of Mairwa P.S. Case N0. 11 of 2019, disclosing offences under Sections 147,148,149,341,323,436,427 and 307 of the Indian Penal Code.
It is evident from the First Information Report itself
Patna High Court CR. MISC. No.37138 of 2019(2) dt.19-06-2019 2/2 that some dispute over passage between the parties is the reason behind the alleged occurrence. There is general and omnibus allegation against all the accused persons of stone pelting and opening fire. It is also alleged that accused persons set the house on fire.
Considering the general and omnibus nature of allegation and the genesis as disclosed in the First Information Report itself, this application is allowed. Let the petitioners above named in the event of their arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM-VII, Siwan in Mairwa P.S. Case No. 11 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J) arun/- U