Pappu Chaudhary And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24349 of 2016 Arising Out of PS.Case No. -66 Year- 2016 Thana -ALAMGANJ District- PATNA ======================================================

1. Pappu Chaudhary

2. Bablu Choudhary @ Babloo Choudhary, son of late Ganesh Choudhary residents of Mohalla Gur Ki Mandai, Police Station Alamganj, Distt Patna. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Arvind Kumar Mouar For the Opposite Party : Mr. S.C.Mishra (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-08-2016 Heard both sides.

The petitioners apprehend their arrest in Alamganj P. S. Case No. 66 of 2016 registered under Section 307 and other Sections of the Indian Penal Code.

The informant named five persons in the F.I.R and alleged that Lallu Choudhary came with Fasuli and Pappu Choudhary caught him, thereafter assaulted him with fists and slaps.

It is submitted by learned counsel for the petitioners that no case under Section 307 is made out as the informant did not receive any injury. No specific allegation of assault is made against the petitioners.

Patna High Court Cr.Misc. No.24349 of 2016 (3) dt.05-08-2016 2/2 It appears that the petitioners saved the informant from being assaulted by Fasuli.

Learned APP does not dispute these facts.

Considering the facts aforesaid that no specific allegation of assault is made against the petitioners, the above named petitioners, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged 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 Additional Chief Judicial Magistrate, Patna City in Alamganj P. S. Case No. 66 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Mishra/- U T