Deenanath Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42154 of 2019 Arising Out of PS. Case No.-30 Year-2019 Thana- JOGAPATTI District- West Champaran ====================================================== 1.

Deenanath Chaudhary, Son of Nagendra Chaudhary 2.

Shankar Chaudhary, Son of Late Ramkeshwar Chaudhary 3.

Bhutti Chaudhary, Son of Late Guli Chaudhary 4.

Ramswaroop Chaudhary @ Rameswaroop Chaudhary, Son of Late Ramjee Chaudhary All are Residents of Nawalpur Benimadhav Tola, P.S.- Nawalpur, Distt - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Zainul Abedin, Advocate For the Opposite Party/s :

Mr.Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 10-07-2019 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Yogapatti (Nawalpur) P.S. Case No.30 of 2019, registered for the offence punishable under Sections 147, 148, 149, 323, 324, 307 and 447 of the Indian Penal Code. Allegation has been made that the co-accused including the petitioners have assaulted the victim by different weapons causing injuries, however, counsel for the petitioners submits that there is case and counter case between the parties and there is also inordinate delay in lodging the present case.

Patna High Court CR. MISC. No.42154 of 2019(2) dt.10-07-2019 2/2 Considering the aforesaid fact, let the petitioner nos.1 & 2 be released on anticipatory bail in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bettiah, West Champaran in connection with Yogapatti (Nawalpur) P.S. Case No.30 of 2019 subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

So far as the prayer for bail of petitioner nos. 3 and 4 is concerned, the same is rejected as they have got criminal antecedents.

However, if the petitioner nos. 3 and 4 surrender before the Court below within four weeks from today and pray for regular bail, the Court below will consider the same and pass appropriate order on the same day without being influenced by the order of this Court.

(Shivaji Pandey, J) V.K.Pandey/- U T