Birendra Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62050 of 2023 Arising Out of PS. Case No.-1 Year-2023 Thana- SALAIYA District- Aurangabad ====================================================== 1.

BIRENDRA CHAUDHARY son of Chandradeo Chaudhary Village- Sahid Bigha PsMadanpur Dist- Aurangabad 2.

Dhirendra Chaudhary son of Suryadeo Chaudhary Village- Sahid Bigha Ps- Madanpur DistAurangabad 3.

Jitendra Chaudhary son of Suryadeo Chaudhary Village- Sahid Bigha Ps- Madanpur DistAurangabad 4.

Shanti Devi wife of Birendra Chaudhary Village- Sahid Bigha Ps- Madanpur DistAurangabad ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== For the Petitioner/s :

Mr.Pramendra Kumar Singh, Advocate For the Opposite Party/s :

Mr.Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-11-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in a case in connection with Salaiya P.S. Case No. 01 of 2023 dated 01.01.2023 registered for the offences punishable u/ss 341, 323, 325, 308, 379, 34, 504 and 506 of the Indian Penal Code.

3. As per the prosecution case, the petitioners and the coaccused person along with two unknown persons are alleged to have abused and assaulted the informant with lathi causing injuries on his head, hand and leg. During the course of assault, his wife also sustained injuries on her waist and hand. The petitioners also assaulted the informant's three daughters. It is further alleged that they also looted ornaments and Rs. 50,000/- in cash from the

Patna High Court CR. MISC. No.62050 of 2023(2) dt.01-11-2023 2/2 informant.

4. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. There is general and omnibus allegation against the petitioners. It is further submitted that there is a case and counter case between the parties. As per injury report of injured, the injuries are simple in nature caused by hard and blunt substance. The petitioners have no criminal antecedent as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case and allegation being general and omnibus, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court concerned, Aurangabad, in connection with Slaiya P.S. Case No. 01 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

7. This application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T