Suresh Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48217 of 2022 Arising Out of PS. Case No.-21 Year-2021 Thana- SHEIKHOPUR SARAI DistrictSheikhpura ====================================================== 1.

Suresh Chaudhary Son of Jhapsi chaudhary Resident of Village - Mirbigha, P.s.-Sheikhopur Sarai, District - Sheikhpura. 2.

Rudal Chaudhary @ Rudal Kumar Chaudhary Son of Jhapsi Chaudhary Resident of Village - Mirbigha, P.s.-Sheikhopur Sarai, District - Sheikhpura. 3.

Dinesh Chaudhary Son of Jhapsi chaudhary Resident of Village - Mirbigha, P.s.-Sheikhopur Sarai, District - Sheikhpura. 4.

Rajesh Chaudhary Son of Chuhan Chaudhary Resident of Village - Mirbigha, P.s.-Sheikhopur Sarai, District - Sheikhpura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranvijay Singh, Advocate For the Opposite Party/s :

Mr.Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 11-01-2023 Heard learned counsel for the petitioners and the State.

The petitioners are apprehending arrest in connection with Sheikhopur P.S. Case No. 21 of 2021 under sections 341, 323, 504, 324, 337, 338, 506, 307 and 379/34 of the Indian Penal Code.

As per the prosecution story, the allegation is that the accused persons armed variously first abused and thereafter assaulted causing injury on the side of the informant. Learned counsel for the petitioners submit that

Patna High Court CR. MISC. No.48217 of 2022(2) dt.11-01-2023 2/3 omnibus allegation against all of them have been made of causing injury to the informant. They have clean antecedent and some of the similar placed co-accused has since been released on bail by the learned Sessions Judge itself (Annexure-2 to the petition).

It is the last submission that irrespective of outcome of the petition, all the four petitioners will jointly pay the medical assistance of Rs. 10,000/- to the sister-in-law who was injured.

The learned APP on the other hand opposes the prayer stating that making unlawful assembly they assaulted the informant's side.

Taking into account the fact that the petitioners do not have any criminal antecedents and similar placed other coaccused has since been released on bail by the learned Sessions Judge, this Court is inclined to grant them relief subject to payment of Rs. 10,000/- as medical assistance, as stated above. Let the petitioners be released on bail, in the event of their arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheikhpura,

Patna High Court CR. MISC. No.48217 of 2022(2) dt.11-01-2023 3/3 in connection with Sheikhopur Sarai P.S. Case No. 21 of 2021 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Rajiv Roy, J) Ravi/- U T