Patna High CourtCR. MISC./12003/2016bail granted

Bachchelal Choudhary @ Bachcha Babu Choudhary @ Bacha Choudhary And ORS. v. The State Of Bihar

2016-04-19Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12003 of 2016 Arising Out of PS.Case No. -58 Year- 2015 Thana -JURAWNPUR District- VAISHALI(HAJIPUR) ======================================================

1. Bachchelal Choudhary @ Bachcha Babu Choudhary @ Bacha Choudhary,

2. Chunnilal Choudhary

3. Harendra Choudhary

4. Choudhary Charan Choudhary All sons of Deonath Choudhary, resident of Village- Paharpur, P.S.- Jurawanpur, District- Vaishali. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Lakshmi Kant Sharma For the Opposite Party/s : Mr. Ambika Bhagat (Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 19-04-2016 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 436, 504 and 34 of the Indian Penal Code and under Sections 3(i) (x) of the SC/ST Act registered in connection with Jurawanpur P.S. Case No. 58 of 2015.

3. It is submitted that the petitioners being full brothers have been falsely implicated in the backdrop of an earlier FIR being Jurawanpur P.S. Case No. 24 of 2015 instituted against the informant's son in connection with

Patna High Court Cr.Misc. No.12003 of 2016 (3) dt.19-04-2016 murder of the brother of the present petitioners. It is submitted that no offence under the SC/ST Act has been made out, the occurrence being not in public view. Other penal Sections are false and ornamental in nature.

4. Having regard to the entirety of the facts and circumstances, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali in connection with Jurawanpur P.S. Case No. 58 of 2015 subject to the conditions as laid down under Section 438 (2) Cr.P.C.

(Vikash Jain, J) Chandran U T