Bhutti Chaudhari @ Bhuti Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63099 of 2023 Arising Out of PS. Case No.-151 Year-2023 Thana- SIKARPUR District- West Champaran ====================================================== 1.

BHUTTI CHAUDHARI @ BHUTI CHAUDHARY Son of Late Ramayan Chaudhari @ Ramayan Chaudhary Resident of Ward No. 7, VillageMadhubani, Dumaria, P.S.-Shikarpur, West Champaran. 2.

DIPU KUMAR @ DIPU CHAUDHARY Son of Bhutti Chaudhari @ Bhuti Chaudhary Resident of Ward No. 7, Village-Madhubani, Dumaria, P.S.- Shikarpur, West Champaran.

3.

UMESH CHAUDHARY Son of Laxmi Chaudhary @ Sipahi Chaudhary Resident of Ward No. 7, Village-Madhubani, Dumaria, P.S.-Shikarpur, West Champaran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vatsal Verma, Adv.

For the Opposite Party/s :

Mr.Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-10-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 147, 148, 149, 447, 341, 323, 324, 307, 354(B), 379, 427, 504 and 506 of the IPC. 3.

As per the prosecution case, all F.I.R. named accused persons armed variously with common intention came and surrounded the informant, caught hold him and started abusing and assaulting.

Patna High Court CR. MISC. No.63099 of 2023(2) dt.19-10-2023 2/3 4.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to ulterior motive. There is general and omnibus allegation against the petitioner nos.1 and 2 and the allegation against the petitioner no.3 is to assault the son of the informant by means of sword over his head but the injury was found simple in nature, which is clear from Annexure-3 of the bail application. There is case and counter-case between the parties. There is admitted land dispute between the parties for which a Title suit is going on between the parties. Petitioner no.2 has no criminal antecedent and petitioner nos.1 and 3 have three and four criminal antecedent respectively.

5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, since the injury was found simple in nature, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court

Patna High Court CR. MISC. No.63099 of 2023(2) dt.19-10-2023 3/3 in connection with Shikarpur P.S. Case No.151 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T