Chand Suraj Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54227 of 2024 Arising Out of PS. Case No.-161 Year-2024 Thana- BUXAR MUFFSIL District- Buxar ====================================================== 1.

Chand Suraj Choudhary S/o Shiv Brat Choudhary R/o Village-Banarpur, P.S.-Buxar Muffasil, District-Buxar 2.

Dipu Choudhary S/o Ram Awadh Choudhary R/o Village-Banarpur, P.S.- Buxar Muffasil, District-Buxar 3.

Ram Narayan Choudhary S/o Rasbihari Choudhary R/o Village-Banarpur, P.S.-Buxar Muffasil, District-Buxar 4.

Dhanu Choudhary @ Dhanu Kumar Choudhary S/o Kedar Choudhary R/o Village-Banarpur, P.S.-Buxar Muffasil, District-Buxar 5.

Ras Bihari Choudhary S/o Kalika Choudhary R/o Village-Banarpur, P.S.- Buxar Muffasil, District-Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Shankar Pathak, Advocate.

For the Opposite Party/s :

Mr.Sunil Kumar Pandey, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 28-08-2024 Heard Mr. Ravi Shankar Pathak, learned counsel appearing on behalf of the petitioners and Mr. Sunil Kumar Pandey, learned APP for the State.

2. The petitioners seek pre-arrest bail in connection with Buxar Muffasil P.S. Case No. 161 of 2024 registered for the offence punishable under Sections 147, 149, 341, 323, 325, 307, 504 and 506 of the Indian Penal Code.

3. As per the allegation made in the F.I.R., all the accused persons including the petitioners had assaulted the informant and his family members causing injury on vital parts

Patna High Court CR. MISC. No.54227 of 2024(2) dt.28-08-2024 2/3 and other different parts of the body.

4. Learned counsel appearing on behalf of the petitioners submitted that there is case and counter case between the parties arising out of the same incidence. The petitioners in their defence might have caused some injury to the informant and his family members which was not intentional. The petitioners have clean antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioners.

6. Having considered the rival submissions made on behalf of the parties, as well as the impugned order, I find that the direct allegation against the petitioners is that they have assaulted the informant and his other family members causing injury on vital and other different parts of the body and in absence of any injury report, I direct the learned District Court to call for the injury report and if it is found that the injuries attributable to the petitioners are simple in nature, then in that case, the petitioners, above named, are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.54227 of 2024(2) dt.28-08-2024 3/3 learned C.J.M., Buxar in connection with Buxar Muffasil P.S. Case No. 161 of 2024, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

7. The bail application stands disposed of.

(Purnendu Singh, J) mantreshwar/- U T