Bhola Chaudhary @ Shiv Sagar Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60446 of 2024 Arising Out of PS. Case No.-162 Year-2024 Thana- BUXAR MUFFSIL District- Buxar ====================================================== 1.
Bhola Chaudhary @ Shiv Sagar Chaudhary Son of Kanhaiya Chaudhary @ Kanhhiya Chaudhary Resident of Village - Banarpur, P.S. - Buxar (Muffasil), District - Buxar 2.
Mithilesh Chaudhary Son of Kanhaiya Chaudhary Resident of Village - Banarpur, P.S. - Buxar (Muffasil), District - Buxar 3.
Anil Chaudhary Son of Kanhaiya Chaudhary Resident of Village - Banarpur, P.S. - Buxar (Muffasil), District - Buxar 4.
Sonu Chaudhary Son of Kanhaiya Chaudhary Resident of Village - Banarpur, P.S. - Buxar (Muffasil), District - Buxar 5.
Sanjay Chaudhary Son of Kanhaiya Chaudhary Resident of Village - Banarpur, P.S. - Buxar (Muffasil), District - Buxar 6.
Kanhhiya Chaudhary Son of Late Kapil Muni Chaudhary Resident of Village - Banarpur, P.S. - Buxar (Muffasil), District - Buxar 7.
Himanshu Chaudhary Son of Jogindra Chaudhary Resident of Village - Kalighat Narayanpur, P.S. - Narayanpur, District - Ballia (U.P.) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arun Kumar Gupta For the Opposite Party/s :
Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-09-2024
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 427, 307, 337, 338, 504 and 506 of the Indian Penal Code.
3. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.60446 of 2024(2) dt.30-09-2024 2/3 petitioners are persons with clean antecedent and the informant alleges that on 21.05.2024 while he was coming back after fishing when Bhola Chaudhary came near the bank of river and entered into a scuffle and later he left after threatening to kill, it is next alleged that on account of said dispute, the accused persons on 23.05.2024 intercepted the informant while he was going to bring some articles from a shop and thereafter they started assaulting and Bhola Chaudhary snatched his mobile, it is further alleged that when he started raising alarm, Deomuni came to save him, who was assaulted by Himanshu and thereafter the accused persons also assaulted by bricks.
4. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant. It is also submitted that even presuming what has been alleged is true without admitting, then on account of dispute relating to fishing, an altercation had taken place in which both sides had assaulted each other and the injury suffered by the informant is simple in nature.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the
Patna High Court CR. MISC. No.60446 of 2024(2) dt.30-09-2024 3/3 event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Buxar (Muffasil) P.S. Case No. 162 of 2024 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
7. Accordingly, the instant anticipatory bail application stands allowed.
(Satyavrat Verma, J) Rishabh/- U T