Raju Mallah @ Raju Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38580 of 2020 Arising Out of PS. Case No.-116 Year-2020 Thana- BUXAR MUFFSIL District- Buxar ====================================================== 1.
RAJU MALLAH @ RAJU CHOUDHARY, Son of NATHUNI MALLAH Resident of Village - Ijari Sriram, P.S.- Buxar (M), Distt.- Buxar. 2.
SUBASH MALLAH @ SUBASH CHOUDHARY, Son of Nathuni Mallah Resident of Village - Ijari Sriram, P.S.- Buxar (M), Distt.- Buxar. 3.
JAI PRAKASH MALLAH @ JAI PRAKASH CHOUDHARY, Son of Nathuni Mallah Resident of Village - Ijari Sriram, P.S.- Buxar (M), Distt.- Buxar.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arun Kumar Gupta For the Opposite Party/s :
Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 27-04-2021 Heard Mr. Arun Kumar Gupta, learned counsel for the petitioners and Dr. Indu Kumari Srivastava, learned APP for the State.
The petitioners seek bail in anticipation of their arrest in connection with Buxar (Muffasil) P. S. Case No. 116 of 2020, dated 06.04.2020, instituted for the offences under Sections 147, 148, 149, 341, 307, 323, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act, 1959.
Patna High Court CR. MISC. No.38580 of 2020(2) dt.27-04-2021 2/3 Though the petitioners have been named in the F.I.R. but there is no specific accusation against them. There is a counter version of the occurrence also which has been lodged by the petitioner no. 6 vide Buxar (M) P. S. Case No. 117 of 2020. The injuries on the victims have been opined to be simple in nature.
Some of the other accused persons of this case having similar allegations have been granted anticipatory bail by different Benches of this Court.
Considering the afore-stated facts and taking into account the clean antecedents of the petitioners, they are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar, in connection with Buxar (Muffasil) P. S. Case
Patna High Court CR. MISC. No.38580 of 2020(2) dt.27-04-2021 3/3 No. 116 of 2020, subject to the conditions as laid down under Section 438 (2) Cr.P.C.
The application stands allowed.
(Ashutosh Kumar, J) skm/- U T