Tara Kumar Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64059 of 2022 Arising Out of PS. Case No.-525 Year-2022 Thana- MAKHDUMPUR District- Jehanabad ====================================================== 1.
TARA KUMAR CHAUDHARY Son of Ramnandan Chaudhary 2.
RAJBALLAM CHAUDHARY Son of Ramnandan Chaudhary 3.
RAJARAM CHAUDHARY Son of Ramnandan Chaudhary 4.
BITTU KUMAR Son of Rajballam Chaudhary All are resident of village- Bandaya, P.S.- Makhdumpur, District- Jehanabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pritish Kumar Lal, Advocate For the Opposite Party/s :
Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 11-04-2023 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners apprehend their arrest in connection with Makhdumpur P.S. Case No.525 of 2022 instituted under Sections 341, 323, 307, 504 and 34 of the Indian Penal Code lodged on 09.08.2022 by the informant, Manish Kumar Chaudhary.
As per prosecution story, due to land dispute, quarrel took place between the parties and the allegation is that it caused injury to Rakesh Kumar.
Although the injury to Rakesh Kumar has been found to be simple in nature, later another medical document was provided which shows that there is fracture of 'ulna' of Urmila Devi belonging to the informant's side.
Patna High Court CR. MISC. No.64059 of 2022(2) dt.11-04-2023 2/3 Learned counsel for the petitioners submit that there is case and counter case for the said scuffle already lodged in which both sides have suffered and since they are neighbour and ultimately have to live together for years, without accepting the allegation would like to contribute Rs.25,000/- towards the medical assistance irrespective of the outcome of the present petition.
Learned counsel for the informant opposes the prayer for bail but accept this fact that they being neighbour, it is high time that they come to a common table so that henceforth they live in peace.
Considering the aforesaid submissions as also that omnibus allegation is there, the injury to Rakesh Kumar has been found to be simple in nature, as per para-3 no criminal antecedent is there, this Court is inclined to extend them privilege of anticipatory bail, subject to payment of Rs.25,000/- as undertaking by learned counsel for the petitioners. Let the petitioners be released on bail, in the event of their arrest or surrender before the Sub-ordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each in connection with Makhdumpur P.S. Case No.525 of 2022 to the satisfaction of learned Additional Chief Judicial Magistrate, IVth, Jehanabad,
Patna High Court CR. MISC. No.64059 of 2022(2) dt.11-04-2023 3/3 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Rajiv Roy, J) Prakash Narayan /- U T