Ram Kumar Chaudhary And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42397 of 2016 Arising Out of PS.Case No. -37 Year- 2016 Thana -VIDYAPATINAGAR District- SAMASTIPUR ======================================================

1. RAM KUMAR CHAUDHARY

2. Shiv Kumar Chaudhary

3. Sanjeev Kumar Chaudhary

4. Ranjeet Kumar Chaudhary All sons of Dani Lal Chaudhary Resident of Village- Sherpur, P.S.- Vidyapati Nagar, District- Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pritish Kumar Lal For the Opposite Party/s : Sri Satyadev Prasad Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-10-2016 Heard learned counsel for the parties.

This application for grant of anticipatory bail arises out of Vidyapati Nagar P.S. Case No. 37 of 2016, disclosing offences under Sections 447,341,323,324,307,504 and 506/34 of the Indian Penal Code.

It is evident from the First Information Report that some civil dispute between the parties is the reason behind the occurrence, if any. The petitioners are full brothers, whereas, the informant is said to be the first cousin of the petitioners. Learned counsel appearing on behalf of the petitioners has submitted that there is allegation against petitioner No.3 of

causing assault with farsa but no injury has been found to have been caused by farsa (a sharp cutting weapon). There is no specific allegation of assault against rest of the petitioners in the First Information Report.

Considering the above, this application is allowed. Let the petitioners above named, in the event of their arrest/surrender within six weeks from today in the court below be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of Sri V.K. Singh, learned Judicial Magistrate Ist Class, Dalsingsarai in Vidyapati Nagar P.S. Case No. 37 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the police/Court as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) ArunKumar/-c U