Nitish Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69580 of 2024 Arising Out of PS. Case No.-43 Year-2024 Thana- JAMALPUR District- Darbhanga ====================================================== 1.

Nitish Chaudhary Son of Kailash Chaudhary Resident of Village - Bardipur, P.S. - Jamalpur, Dist. -Darbhanga, Bihar 2.

Bipin Kumar Chaudhary Son of Kailash Chaudhary Resident of Village - Bardipur, P.S. - Jamalpur, Dist. -Darbhanga, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Kumar Singh For the Opposite Party/s :

Mr.Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 23-10-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are apprehending their arrest in Jamalpur P.S. Case No. 43 of 2024 registered under Sections 341, 323, 324, 307, 354(A), 504, 506/34 of the Indian Penal Code.

3. As per prosecution, in the backdrop of land dispute, the accused persons having armed with weapons started abusing and assaulting the informant. It is further alleged that both petitioners attacked on the informant as a result of which, he sustained injury on her head. When her son came to rescue, he was also assaulted, due to which, he became senseless.

Patna High Court CR. MISC. No.69580 of 2024(2) dt.23-10-2024 2/2

4. It has been submitted on behalf of the petitioners that the petitioners are the persons of clean antecedent. Both parties are agnates. There is admitted land dispute between the parties. There is case and counter case between the parties. The injuries are simple in nature.

5. Learned counsel for the State has opposed the prayer for bail of the petitioners.

6. Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of four weeks from today, be released on anticipatory 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 Judicial Magistrate-Ist Class, Biraul, Darbhanga in connection with Jamalpur P.S. Case No. 43 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Nawneet Kumar Pandey, J) A.K.V.//- U T