Sadanand Choudhary And ANR. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20946 of 2015 Arising Out of PS.Case No. -164 Year- 2015 Thana -KHAGARIA District- KHAGARIA ======================================================
1. Sadanand Choudhary. S/o Late Nawal Choudhary. Resident of village - Rahimpur Naya Tola, P.S.- Muffasil, District - Khagaria.
2. Gopal Choudhary. S/o Sadanand Choudhary. Resident of village - Rahimpur Naya Tola, P.S.- Muffasil, District - Khagaria. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioners : Mr. Siddhartha Prasad, Adv For the Informant : Mr. Amrendra Nr. Rai, Adv. For the State : Mr. Mustaque Alam(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 23-06-2015 Heard learned counsels for the petitioner, informant and the State.
The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 504, 506, 427 and 307/34 of the Indian Penal Code and Section 27 of the Arms Act.
The prosecution case is that the informant was constructing boundary wall on his homestead land when the petitioners came variously armed and on the order of petitioner no.1, petitioner no.2 resorted to three rounds of firing, though, no injury was caused to the informant.
It is submitted by learned counsel for the petitioners that
Patna High Court Cr.Misc. No.20946 of 2015 (2) dt.23-06-2015 2/2 due to land dispute, the accusation has been levelled and admittedly there is no injury caused to the informant. The injury report has been brought on record as Annexture-3 which suggests pain and swelling on the forehead. It is further submitted that the informant earlier also filed a case with similar accusation. Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Khagaria in connection with Khagaria (Muffasil) P.S. Case No. 164 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Amrendra/- U T