Jawahar Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56143 of 2019 Arising Out of PS. Case No.-94 Year-2019 Thana- BACHHWARA District- Begusarai ====================================================== JAWAHAR CHAUDHARY Son of Late Nathuni Chaudhary Resident of Village - Fateha, P.S. - Bachhwara, Distt. - Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N.K. Agrawal, Sr. Advocate Mr.Amresh Kumar Sinha Ms. Preety Kumari For the Opposite Party/s :
Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 05-09-2019 Heard learned counsel for the parties.
This application for anticipatory bail arises out of Bachhwara P.S. Case No. 94 of 2019, disclosing the offence under Section 307 and other allied Sections of the Indian Penal Code and Section 27 of the Arms Act.
It has been stated in the petition that the petitioner is nephew of the informant. There is dispute in respect of partition over the joint family property. It is alleged in the FIR that the petitioner and his son Niraj Choudhary entered into the field owned by the informant and destroyed crops. They are said to have assaulted him and opened fire. The informant, however, escaped any fire-arm injury.
Considering the background in which the occurrence
Patna High Court CR. MISC. No.56143 of 2019(2) dt.05-09-2019 2/2 is said to have taken place, keeping in mind the submissions made on behalf of the petitioner, this application is allowed. Let the petitioner, above-named, in the event of his arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand), with two sureties of the like amount, each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in Bachhwara P.S. Case No. 94 of 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present himself before the Police/ Court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J) Rajesh/- U T