Devendra Choudhary @ Chhotkin @ Devendra Chaudhary And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25583 of 2018 Arising Out of PS. Case No.-393 Year-2017 Thana- DALSINGHSARAI District- Samastipur ======================================================

1. Devendra Choudhary @ Chhotkin @ Devendra Chaudhary, S/o Sh. Lakhan Lal Chaudhary

2. Vinay Kumar Chaudhary @ Binay Choudhary S/o Late Tarni Choudhary

3. Ashwini Kumar Chaudhary @ Ashwani Choudhary S/o Late Ram Pukar Choudhary,

4. Awadhesh Chaudhary @ Awadhesh Choudhary @ Avadhesh Kumar Chaudhary S/o Late Sukhdeo Choudhary, All R/o Vill.- Nagargama, P.S.- Dalsingsarai, District- Samastipur (Bihar) 848114.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aaruni Singh For the Opposite Party/s :

Mr. Sri Shailendra Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 27-04-2018 Heard learned counsel for the petitioners and the learned APP for the State.

Petitioners, already in custody, seek bail in connection with Dalsingsarai PS Case No.393 of 2017, registered under Sections 341/323/354/302/34 of the Indian Penal Code as well as under Section 27 of the Arms Act.

Allegation in brief is that due to dispute over construction of the road, the accused persons quarreled with the informant's side and the specific accusation of killing the informant's father by shooting at him is against Navendu Kumar Choudhary @ Fuddu and Shubhendu Kumar Choudhary @ Guddu.

Learned counsel for the petitioners submits that there

Patna High Court Cr.Misc. No.25583 of 2018(2) dt.27-04-2018 2/2 is no specific allegation attributed against the petitioners regarding assaulting anybody and the allegation of killing the informant's father is only against Navendu Kumar Choudhary @ Fuddu and Shubhendu Kumar Choudhary @ Guddu, no overt act is attributed against these petitioners regarding assault to the deceased, similarly situated other co-accused persons have been admitted to anticipatory bail as well as regular bail and all these petitioners have no criminal antecedent.

Having considered the aforesaid facts and circumstances, petitioners, namely, Devendra Choudhary @ Chhotkin @ Devendra Chaudhary, Vinay Kumar Chaudhary @ Binay Choudhary, Ashwini Kumar Chaudhary @ Ashwani Choudhary and Awadhesh Chaudhary @ Awadhesh Choudhary @ Avadhesh Kumar Chaudhary are directed to be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM, 1st, Dalsingsarai (Samastipur) in connection with Dalsingsarai PS Case No.393 of 2017.

(Arun Kumar, J) S.KUMAR/- U T