Kailash Choudhary And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30971 of 2015 Arising Out of PS.Case No. -43 Year- 2015 Thana -BELSAND District- SITAMARHI ======================================================
1. Kailash Choudhary Son of Late Ram Ashish Choudhary
2. Asharfi Choudhary Son of Late Muni Lal Choudhary
3. Ganesh Choudhary Son of Late Muni Lal Choudhary All are resident of village - Madhkaul, P.S. Belsand, District - Sitamarhi .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Hans Lal Kumar For the Opposite Party/s : Mr. U.L.Verma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 30-07-2015 Heard learned counsels for the petitioners and the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 354, 379, 504 and 506/34 of the Indian Penal Code.
It is alleged that petitioner no. 1 Kailash Choudhary caused injury with dagger on the neck of the informant whereas petitioner nos. 2 and 3 dragged the
Patna High Court Cr.Misc. No.30971 of 2015 (02) dt.30-07-2015 2/3 informant after catching hold of hairs and assaulted with lathi and danda.
It is submitted by learned counsel for the petitioners that injury has been found to be simple and a statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.
Considering the nature of accusation, let the learned court below consider the prayer for regular bail of petitioner no. 1 Kailash Choudhary, if he surrenders before the learned court below within a period of six weeks from today keeping in view of the fact that there is no accusation of repeating the blow and simple injury has been caused. So far petitioner nos. 2 and 3 are concerned, though it is alleged that they dragged the informant but no dragging injury has been found by the doctor while examining the informant, let the above named petitioner nos. 2 and 3 be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Belsand P.S. Case
Patna High Court Cr.Misc. No.30971 of 2015 (02) dt.30-07-2015 3/3 No. 43 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) DKS/- U T