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Patna High CourtCR. MISC./58585/2018bail granted

Bholi Chaudhri And ORS v. The State Of Bihar

2018-10-08Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58585 of 2018 Arising Out of PS.Case No. -173 Year- 2018 Thana -AKBARPUR District- NAWADA ======================================================

1. Bholi Chaudhri,

2. Sudhir Chaudhri,

3. Sunil Chaudhri All Sons of Late Baldeo Chaudhri, R/o Vill.- Akbarpur Hat, P.S.- Akabarpur, District- Nawada.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar Mishra For the Opposite Party/s : Mr. Kumar Virendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-10-2018 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, 447, 307, 379, 34 of the Indian Penal Code.

The prosecution case, in brief, is that while the informant was returning from police stating after lodging an information, the accused persons attacked him and assaulted with Bhala causing injury to him.

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

Patna High Court Cr.Misc. No.58585 of 2018 (2) dt.08-10-2018 case and counter case between the parties. The alleged occurrence is said to have taken place due to petty reason. The injury is said to be simple in nature. No offence u/S 307 of the Indian Penal Code is made out.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/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) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-Ist, Nawada in connection with Akbarpur P.S. Case No. 173 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V./- U T