Sanni Kumar @ Sunny Choudhary @ Sunni Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42504 of 2023 Arising Out of PS. Case No.-81 Year-2023 Thana- NATHNAGAR District- Bhagalpur ====================================================== 1.
SANNI KUMAR @ SUNNY CHOUDHARY @ SUNNI KUMAR Son of Manoj Choudhary Resident of village - Bhatoria, P.S. - Madhusudanpur, Distt. - Bhagalpur 2.
PRASHANT CHOUDHARY @ PRASHANT KUMAR, Son of Manoj Choudhary Resident of village - Bhatoria, P.S. - Madhusudanpur, Distt. - Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar Jha, Advocate For the Opposite Party/s :
Mr. Ram Sevak Choudhary, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-08-2023
1. Heard Mr. Satya Prakash learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 448, 307, 379, 504 and 506/34 of the Indian Penal Code.
3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent.
4. The informant alleges that on account of dispute relating to land an altercation took place in which it is alleged that seven named accused persons including the petitioners entered into her house and started abusing her. It is further alleged that petitioners assaulted the informant with an iron rod
Patna High Court CR. MISC. No.42504 of 2023(2) dt.07-08-2023 2/3 causing injury on her head and thereafter Manoj Chaudhary and his son Raushan Chaudhary caught her hair and dashed her on the ground and Hemanti Kumari and Tara Devi snatched gold chain of the informant.
5. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case. It is further submitted that the date of occurrence is 19.01.2023 and the FIR has been instituted on 29.01.2023 i.e. after a delay of more than ten days which casts an aspersion on the case of the prosecution. It is next submitted that even the alleged allegation of assault is not specific and the injury suffered by the injured is simple in nature.
6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
7. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory 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 learned court below where the case is pending/successor court in connection with
Patna High Court CR. MISC. No.42504 of 2023(2) dt.07-08-2023 3/3 Nathnagar (Madhusudanpur) P.S. Case No. 81 of 2023 corresponding to G.R. No. 475 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Kundan/- U T