Subhash Choudhary And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29168 of 2016 Arising Out of PS.Case No. -146 Year- 2015 Thana -NAUHATTA District- SAHARSA ======================================================

1. Subhash Choudhary, Son of late Nageshwar Choudhary

2. Ranjan Devi, W/o Subhash Choudhary Both are residents of Village- Patti Bargaon, P.S Nauhatta, District Saharsa. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Chandra Mohan Jha, Advocate For the Opposite Party/s : Mr. Dr. Indiwar Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-08-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Nauhatta P.S. Case No. 146 of 2015, disclosing offences under Sections 147, 149, 341, 323, 337, 325, 448, 307, 354, 504, 506 and 379 of the Indian Penal Code.

The petitioners are husband and wife.

From the First Information Report, it appears that the occurrence took place because of land dispute between the family members of the petitioners and the informant. Learned counsel for the petitioners has submitted that there is no likelihood that the petitioners would flee from the course of investigation or trial if they are granted the privilege of anticipatory bail. He has also submitted that no tangible purpose

Patna High Court Cr.Misc. No.29168 of 2016 (3) dt.20-08-2016 2/2 would be served if the petitioners are taken into custody for the purpose of investigation in connection with the present case. Considering the submission as above, this application is allowed.

Let the petitioners, above-named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa in connection with Nauhatta P.S. Case No. 146 of 2015, 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) Vats/- U T