Upendra Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66266 of 2023 Arising Out of PS. Case No.-71 Year-2023 Thana- SRINAGAR District- West Champaran ====================================================== 1.

UPENDRA CHAUDHARY SON OF BINDA CHAUDHARY RESIDENT OF PUJAHA PS SRINAGAR DISTRICT WEST CHAMAPRAN 2.

OM PRAKASH CHAUDHARY S/O BINDA CHAUDHARY RESIDENT OF PUJAHA PS SRINAGAR DISTRICT WEST CHAMAPRAN ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Suresh Prasad Singh, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-10-2023 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 147, 148 , 149, 341 , 323 , 324, 307 and 504 of the Indian Penal Code.

3. As per the prosecution case , petitioner No. 1 is alleged to have assaulted the son of the informant with lathi.

4. It is submitted on behalf of the petitioners that due to trivial issue a simple occurrence of maarpeet took place between the parties. Case and counter case. Both sides sustained injuries. It is further submitted that there is no allegation of assault against petitioner No. 2 and petitioner No. 1

Patna High Court CR. MISC. No.66266 of 2023(2) dt.18-10-2023 2/2 also sustained injury in the alleged occurrence .

5. Learned counsel for the State oppose the bail petition.

6 Considering the fact of the case and also the fact that there is case and counter case and petitioner No. 1 is said to have sustained injury in the alleged occurrence and there is no allegation of assault is alleged against petitioner No. 2, in the event of arrest or surrender within six weeks from today, let the petitioners, as named above, 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 the learned CJM, Bettiah , West Champaran in connection with Srinagar P.S. Case No. 71 of 2023 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Koushik/- U T