Ramakant Chaudhary And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53435 of 2018 Arising Out of PS. Case No.-119 Year-2018 Thana- BHORE District- Gopalganj ======================================================

1. Ramakant Chaudhary, Son of Late Banshi Chaudhary,

2. Sushil Chaudhary, Son of Harihar Chaudhary @ Harihar Yadav,

3. Birendra Chadhary @ Birendar Chaudhary, Son of Late Chndrabali Chaudhary, All (1-3) Resident of VillageBhadawahi, P.S.- Bhorey, District- Gopalganj. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Pandey No-5 For the Opposite Party/s :

Mr. Ahtash Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-10-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 324, 307, 427/34 of the Indian Penal Code.

The prosecution case, in short, is that the accused persons including the petitioners assaulted the informant and his brother with farsa and garasi, as a result of which they sustained injuries.

It has been submitted on behalf of the petitioners that the petitioner No.3 has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court Cr.Misc. No.53435 of 2018(2) dt.05-10-2018 2/2 petitioners. It is a case and counter case between the parties. The nature of injury is said to be simple. Hence, no offence under Section 307 of the I.P.C. is made out.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate XII, Gopalganj in connection with Bhorey P.S. case No.119 of 2018 (G.R. No.1594 of 2018), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T