Sant Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38075 of 2019 Arising Out of PS. Case No.-24 Year-2019 Thana- SIKARPUR District- West Champaran ====================================================== 1.

Sant Chaudhary, aged about 60 years, Gender (Male) Son of lakshami Chaudhary 2.

Rajesh Chaudhary aged about 18 years, Gender (Male) Son of Sant Chaudhary 3.

Brijesh Chaudhary, aged about 30 years, Gender (Male) Son of Sant Chaudhary 4.

Ramjee Chaudhary aged about 18 years, Gender (Male) Son of Rajesh Chaudhary 5.

Shyamjee Chaudhary aged about 18 years, Gender (Male) Son of Rajesh Chaudhary 6.

Subhash Chaudhary, aged about 45 years, Gender (Male), Son of Mahant Chaudhary 7.

Kishan Chaudhary aged about 35 years, Gender (Male) Son of Subhash Chaudhary 8.

Ruby Devi aged about 35 years, Gender (Female) Wife of Rajesh Chaudhary All Residents of Village - Roaari, P.S.- Shikarpur, District West Champaran. ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Sanjeev Kumar Shrivastava, Advocate For the Opposite Party :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 25-06-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 324, 337, 307 and 504/34 of the Indian Penal Code registered in connection with Shikarpur P.S. Case No. 24 of 2019.

3. It is submitted that the petitioners, who are pattidars of the informant, have been falsely implicated in the backdrop of land dispute. The accusation of assault against the petitioners is general and omnibus in nature without any specific accusation attributed to

Patna High Court CR. MISC. No.38075 of 2019(2) dt.25-06-2019 2/2 them individually. The injuries sustained by the injured are simple in nature. The petitioners claim clean antecedents.

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 bonds of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Additional District & Sessions Judge-IV, Bettiah, West Champaran in connection with Shikarpur P.S. Case No. 24 of 2019, subject to the conditions as laid down under Section 438

(2) of the Cr.P.C. and with further conditions -- (i) That one of the bailors of each of the petitioners shall be their close relatives.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner nos. 1 to 7 shall remain physically present in court on each and every date during trial and petitioner no. 8 shall be well represented in court on each and every date during trial except as and when directed by the learned court to be physically present, 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.

(iv) That the petitioners shall cooperate 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. (Vikash Jain, J) BT/- U T