Baleshwar Choudhary @ Baldev Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50617 of 2023 Arising Out of PS. Case No.-77 Year-2022 Thana- NIMCHAKBATHANI District- Gaya ====================================================== 1.

Baleshwar Choudhary @ Baldev Choudhary Late Buddhu Choudhary R/o Village-Kamalpur, P.S.-Neemchak Bathani, District-Gaya 2.

Kailash Choudhary @ Anant Abhishek Son of Sita Sharan Choudhary R/o Village-Kamalpur, P.S.-Neemchak Bathani, District-Gaya 3.

Dilip Choudhary @ Dilip Kumar Son of Baleshwar Choudhary @ Baldev Choudhary R/o Village-Kamalpur, P.S.-Neemchak Bathani, District-Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kr. Sinha For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-09-2023 Heard learned counsel for the parties.

2. The petitioners apprehend their arrest in a case registered for the offence under Sections 17, 148, 149, 341, 323, 324, 325, 307 and 379 of the Indian Penal Code.

3. As per prosecution case, petitioner no. 1 is alleged to have caused grievous injury to one Chandradev Chaudhary on his head by means of Pasuli and petitioner no. 3 caused fracture on right hand of grand mother of informant. So far as petitioner no. 2 is concerned, he is alleged to have caused injury on the shoulder of informant's brother, which is simple in nature.

4. It is submitted on behalf of petitioners that petitioners and informant are own gotiya and there is admitted land dispute between them. Petitioners have clean antecedent.

Patna High Court CR. MISC. No.50617 of 2023(3) dt.21-09-2023 2/2

5. However, considering the nature of allegation and injury, the prayer for anticipatory bail of petitioners no. 1 & 3 is refused.

6. So far as prayer for anticipatory bail of petitioner no.2 (Kailash Choudhary @ Anant Abhishek) is concerned, in the event of arrest/surrender within a period of six weeks from today, he is directed to be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Gaya in connection with Neemchak Bathani P.S. Case No. 77 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

7. This application is, accordingly, disposed of. (Prabhat Kumar Singh, J) anay/- U T