Hira Lal Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58714 of 2019 Arising Out of PS. Case No.-36 Year-2019 Thana- RANIYATALAB District- Patna ====================================================== 1.

Hira Lal Choudhary Son of Late Mohar Choudhary 2.

Nand Lal Choudhary Son of Hira Lal Choudhary 3.

Hari Choudhary Son of Late Bihari Choudhary All are residents of Village - Rani Talab, P.S.- Rani Talab, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satish Chandra, Advocate For the Opposite Party/s :

Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-09-2019 Heard learned counsel for the petitioners and learned APP representing the State.

The petitioners apprehend their arrest in connection with Rani Talab P.S. Case No. 36 of 2019, registered under Sections 147, 148, 149, 341, 323, 447, 307, 325 and 504 of the Indian Penal Code.

The allegation against the petitioners, as per FIR, is that petitioners along with other accused persons arrived at the house of the informant and one Ayodhya Chaudhary assaulted the father of the informant on his head by means of lathi. Learned counsel for the petitioners submits that there is case and counter case between the parties inasmuch as

Patna High Court CR. MISC. No.58714 of 2019(2) dt.17-09-2019 2/2 Ayodhya Chaudhary has lodged the FIR against the informant and others having Rani Talab P.S. Case No. 37 of 2019. He further submits that no overt act has been alleged against the petitioners and specific allegation has been levelled against Ayodhya Chaudhary.

After having heard learned counsel for the parties and taking into consideration the fact that there is case and counter case between the parties and no overt act has been alleged against the petitioners, I am inclined to grant anticipatory bail to the petitioners.

This application is, accordingly, allowed.

Let the petitioners, abovenamed, in the event of arrest or surrender before the court below within a period of four weeks from today, be released on bail upon furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Danapur in connection with Rani Talab P.S. Case No. 36 of 2019; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) S.Katyayan/- U T