Murari Choudhary And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10339 of 2015 Arising Out of PS.Case No. -462 Year- 2014 Thana -DALSINGHSARAI District- SAMASTIPUR ======================================================

1. Murari Choudhary Son of late Ram Narayan Choudhary

2. Dhananjay kumar @ Miltan Choudhary son of Murari Choudhary

3. Ram Kumar Jha son of late Kapleshwar Jha

4. Rita Devi wife of Murari Choudhary .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jitendra Narain Sinha For the Opposite Party/s : Mr. Akbar Ali(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 26-03-2015 Supplementary affidavit is filed on behalf of the petitioners.

Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Dalsinghsarai P.S. Case No. 462 of 2014 registered for the offences punishable under Section 307 and other minor sections of the Indian Penal Code.

Petitioner no. 1 is said to be order giver whereas petitioner no. 2 assaulted the informant's grandson. So far as petitioner no. 3 is concerned, there is no specific allegation against him and petitioner no. 4 is said to have assaulted the informant's

daughter in law and also snatched gold chain. Admittedly, the alleged occurrence took place on account of land dispute and three persons sustained injury in the alleged occurrence and out of them, injured Gopal as well as informant sustained grievous injury but injured Pinki Devi sustained simple injury, said to be caused by hard and blunt substance.

Considering the aforesaid facts and circumstances as well as submissions of the parties, it is ordered that petitioners no. 1, 3 and 4, in the event of their arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall 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 the Additional Chief Judicial Magistrate, Dalsinghsarai, Samastipur in Dalsinghsarai P.S. Case No. 462 of 2014 subject to condition as laid down under Section 438(2) of the Cr.P.C.

So far as petitioner no. 2, namely, Dhananjay Kumar @ Miltan Choudhary is concerned, his prayer for anticipatory bail stands rejected with direction to him to surrender before the concerned court within four weeks from today and seek regular bail and if he does so, the concerned court

shall consider the regular bail application of the petitioner no. 2 on its own merit without being prejudiced by this rejection order, particularly, keeping in mind that one co-accused has already been granted privilege of regular bail by a co-ordinate Bench of this Court.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T