Babul Chaudhary @ Babul Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7869 of 2016 Arising Out of PS.Case No. -172 Year- 2015 Thana -GAMAHARIYA District- MADHEPURA ======================================================

1. Babul Chaudhary @ Babul Kumar S/o Brahmdo Chaudhary

2. Chunnu Chaudhary @ Chunnu Kumar S/o Brahmdo Chaudhary, both resident of village Bhabhani, P.S. Gamharia, District- Madhepura .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sharda Nand Mishra For the Opposite Party/s : Mr. Gopesh Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 04-04-2016 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Gamharia Police Station Case No. 172 of 2015, disclosing offences under Sections 147, 149, 341, 342, 323, 325, 307, 504of the Indian Penal Code.

From the First Information Report, it appears that the occurrence, if any, took place over a petty dispute between the parties in relation to cutting of a tree. Learned Counsel for the petitioners submits that the injuries have been found to be simple in nature. The petitioners have no criminal antecedent and there is no chance of the petitioners tampering with the evidence.

Patna High Court Cr.Misc. No.7869 of 2016 (2) dt.04-04-2016 2/2 Considering the nature of accusation and the dispute between the parties leading to the institution of the present First Information Report, this application is allowed. Let the petitioners, namely, Babul Chaudhary @ Babul Kumar and Chunnu Chaudhary @ Chunnu Kumar, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura, in connection with Gamharia Police Station Case No. 172 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √