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Patna High CourtCR. MISC./29523/2017allowed

Pappu Chaudhary @ Surendra Chaudhary And ORS v. The State Of Bihar

2017-07-14Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29523 of 2017 Arising Out of PS.Case No. -307 Year- 2016 Thana -SHIVSAGAR District- SASARAM (ROHTAS) ======================================================

1. Pappu Chaudhary @ Surendra Chaudhary, Son of Ramashankar Chaudhary,

2. Yamuna Chaudhary @ Yamuna Singh @ Jamuna Chaudhary @ Jamuna Singh, Son of Late Ramadhar Chaudhary,

3. Suraj Chaudhary @ Sarju Chaudhary, Son of late Ramadhar Chaudhary, All Resident of Village- Dumri, Police Station- Shivsagar, District- Rohtas at Sasaram.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raghunandan Kumar Singh For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 14-07-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Shivsagar Police Station Case No. 307 of 2016, disclosing offences under Sections 341, 323, 324, 325, 307, 504, 506/34 of the Indian Penal Code.

Learned counsel for the petitioners has submitted that the petitioners, who are said to be of clean antecedent, are innocent and have not committed any offence. In fact, there is dispute regarding construction of Pucca Nali over the

Patna High Court Cr.Misc. No.29523 of 2017 (2) dt.14-07-2017 2/2 Government land between the parties, who are said to be door neighbourer, and on account of that altercation took place and also case and counter case have been lodged by both the parties. As a matter of fact, now the parties have arrived at a compromise and settled their dispute, which is evident from annexure-3. Hence, the petitioners deserve the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of their arrest or surrender before the Court below within six weeks, 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 learned Additional Chief Judicial Magistrate-IInd, Rohta at Sasaram in connection with Shivsagar Police Station Case No. 307 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J.) Brajesh/- U T