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Patna High CourtCR. MISC./57784/2021bail granted

Neeraj Chaudhary v. The State Of Bihar

2022-09-08Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57784 of 2021 Arising Out of PS. Case No.-60 Year-2021 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== 1.

NEERAJ CHAUDHARY S/o- SUSHIL CHAUDHARY, Resident of Village- Mehda Shahpur, P.S.- Cheria Bariyarpur, District- Begusarai. 2.

Sushil Chaudhary Son of Late Balo Chaudhary, Resident of Village- Mehda Shahpur, P.S.- Cheria Bariyarpur, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashish Kumar For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 08-09-2022 The learned counsel for the petitioners is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioners as well as the learned Additional Public Prosecutor for the State. The petitioners apprehend their arrest in connection with Cheriabariyarpur P.S. Case No. 60 of 2021 registered for offence punishable under sections 341, 323, 324, 325, 504, 506, 308, 379/34 of the Indian Penal Code.

As per allegation, the accused persons were cutting the mustered crops despite the fact that there was proceeding under Section 145 of the Code of Criminal Procedure for the disputed

Patna High Court CR. MISC. No.57784 of 2021(3) dt.08-09-2022 2/3 land. The allegation is that all the accused persons assaulted the informant and he sustained injuries on his right leg and left hand, which was plastered.

The learned counsel for the petitioners has submitted that there is land dispute between the parties and proceeding under section 145 of the Code of Criminal Procedure was going on over the disputed land. He has submitted further that in the year 2008, a probate was granted to petitioner no. 2 and it was reason for dispute.

Considering the above-mentioned facts and circumstances, the petitioners above-named, in the event of their arrest or surrender, within four weeks from today, are directed to be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Manjhaul, Begusarai in connection with Cheriabariyarpur P.S. Case No. 60 of 2021, subject to condition as laid down under section 438(2) Cr. P.C. further condition is that the petitioners shall appear before the court below on each and every date till framing of the charges. If it comes to the notice of the learned court below that the petitioners are involved in any other case after lodging of the present FIR, the learned court below

Patna High Court CR. MISC. No.57784 of 2021(3) dt.08-09-2022 3/3 shall be at liberty to cancel their bail bonds. Office shall ensure that all defects are removed by the petitioners within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Mahesh/- U T