← Library
Patna High CourtCR. MISC./41876/2022allowed

Suresh Chaudhary v. The State Of Bihar

2023-02-16Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41876 of 2022 Arising Out of PS. Case No.-8 Year-2022 Thana- ANTI District- Gaya ====================================================== 1.

SURESH CHAUDHARY Son of Ramdev Chaudhary R/o VillageKalyanpur, P.s.- Anti, District- Gaya 2.

Deepak Chaudhary @ Deepak Kumar Son of Vinay Chaudhary R/o VillageKalyanpur, P.s.- Anti, District- Gaya 3.

Satendra Chaudhary @ Satyendra Chaudhary Son of Chamari Chaudhary R/o Village- Kalyanpur, P.s.- Anti, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Diwakar For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-02-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 342, 325, 307, 448 and 379 of the Indian Penal Code pending in the learned court below.

As per the prosecution case, all the FIR named accused persons armed with weapons entered into the house of the informant and assaulted his father and took away cash and ornaments.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He further submits that there is general and omnibus allegation against the petitioners. He submits that there is no

Patna High Court CR. MISC. No.41876 of 2022(4) dt.16-02-2023 2/2 specific overt act against the petitioners. He further submits that there is case and counter case between the parties and both sides have sustained injuries. He submits that similarly situated other co-accused persons have already been granted anticipatory bail by a Coordinate Bench of this Court vide order dated 28.11.2022 passed in Cr. Misc. No. 40812/2022. He further submits that petitioners have got no criminal antecedent as stated in para-3 of the bail application.

Learned APP for the State opposes for prayer for bail. Considering the aforesaid facts and circumstances, let the petitioners, named above, in the event of their arrest/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.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Anti P.S. Case No.08/2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) ajay/- U T