Naresh Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68128 of 2021 Arising Out of PS. Case No.-37 Year-2021 Thana- JAIPUR District- Banka ====================================================== 1.

Naresh Choudhary S/o Late Jaldhar Choudhary R/o village- Uparchak, Madhiya, P.S.- Jaipur, District- Banka 2.

Prakash Choudhary @ Prakash Kumar Choudhary S/o Late Jaldhar Choudhary R/o village- Uparchak, Madhiya, P.S.- Jaipur, District- Banka ... ... Petitioner/s

Versus

The State Of Bihar.

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

For the Petitioner/s :

Mr.Sanjay Kumar Jha For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-05-2022 Heard learned counsel for the parties.

The petitioners apprehend their arrest in a case registered for the offence under Section 341, 323, 325, 307, 504, 506 and 34 of the Indian Penal Code.

As per the prosecution case on 25.05.2021, the petitioners and others were cutting trees planted on the land of the informant and on protest, all of them pelted bricks and stones. It is further alleged that when the informant tried to escape all of them assaulted the informant with Tangi and iron rod causing bleeding injury on his head.

It is submitted on behalf of petitioners that petitioners have clean antecedent and they have falsely been implicated in

Patna High Court CR. MISC. No.68128 of 2021(2) dt.25-05-2022 2/2 the present case and there is general and omnibus allegation against all the accused persons and there is no specific allegation of overt-act against the petitioners. He further submits that there is land disputed between the parties. Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances, 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. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Banka in connection with Jaipur P.S. Case No. 37 of 2021 (G.R. No. 1344 of 2021), subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) mdrashid/- U T