Munish Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39263 of 2019 Arising Out of PS. Case No.-256 Year-2018 Thana- LALGANJ DistrictVaishali ====================================================== 1.
MUNISH CHAUDHARY, aged about 24 years, male, Son of Jarmani Chaudhary Resident of Village - Purkhauli, P.S.- Lalganj, Distt - Vaishali. 2.
Manish Chaudhary, aged about 33 years, male, Son of Jarmani Chaudhary Resident of Village - Purkhauli, P.S.- Lalganj, Distt - Vaishali. 3.
Anil Chaudhary, aged about 39 years, male, Son of Ganesh Chaudhary Resident of Village - Purkhauli, P.S.- Lalganj, Distt - Vaishali. 4.
Dharmendra Chaudhary, aged about 22 years, male, Son of Nunee Chaudhary Resident of Village - Purkhauli, P.S.- Lalganj, Distt - Vaishali. 5.
Daulatia Devi, aged about 64 years, female, Wife of Jarmani Chaudhary Resident of Village - Purkhauli, P.S.- Lalganj, Distt - Vaishali. 6.
Indira Devi, aged about 44 years, female, Wife of Anil Chaudhary Resident of Village - Purkhauli, P.S.- Lalganj, Distt - Vaishali. 7.
Sangita Devi, aged about 35 years, female, Wife of Sunil Chaudhary Resident of Village - Purkhauli, P.S.- Lalganj, Distt - Vaishali. 8.
Chanda Devi, aged about 33 years, female, Wife of Late Krishna Chaudhary Resident of Village - Purkhauli, P.S.- Lalganj, Distt - Vaishali. ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Anirudh Kumar Sinha, Advocate.
For the Opposite Party:
APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 02-07-2019 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 447, 325, 379, 504, 506 and 354/34 of the Indian Penal Code registered in connection with Lalganj P.S. Case No. 256 of 2018.
3. It is submitted that the petitioners have been falsely implicated in the backdrop of land dispute and there is case and counter case between the parties. Injuries on the informant's side
Patna High Court CR. MISC. No.39263 of 2019(2) dt.02-07-2019 2/2 are simple in nature. The offence alleged under non-bailable sections are mere embellishment. The petitioners claim clean antecedents.
4. Be that as it may, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Lalganj P.S. Case No. 256 of 2018, subject to the conditions as laid down under Section 438
(2) Cr.P.C., and also subject to the following further conditions - (i) That one of the bailors of each of the petitioners shall be their close relatives other than the petitioners herein. (ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioner nos. 5 to 8 shall be well represented in Court on each and every date during trial except as and when directed by the learned Court to be physically present and petitioner nos. 1 to 4 shall remain physically present in Court on each and every date, and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned. Ibrar//- (Vikash Jain, J) U T