Shivalak Chaudhary @ Shivalak Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58730 of 2019 Arising Out of PS. Case No.-210 Year-2019 Thana- WARISLIGANJ District- Nawada ====================================================== 1.
SHIVALAK CHAUDHARY @ SHIVALAK KUMAR Son of Late Banwari Chaudhary Resident of Village - Mosma, P.S.- Warsaliganj, Distt - Nawada. 2.
Shambhu Chaudhary @ Shambhu Kumar Son of Late Banwari Chaudhary Resident of Village - Mosma, P.S.- Warsaliganj, Distt - Nawada. 3.
Pappu Chaudhary @ Pappu Kumar Son of Darbari Chaudhary Resident of Village - Mosma, P.S.- Warsaliganj, Distt - Nawada. 4.
Karu Chaudahry Son of Darbari Chaudhary Resident of Village - Mosma, P.S.- Warsaliganj, Distt - Nawada.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Kumar Verma For the Opposite Party/s :
Mr.Rajeev Nayan (App 231) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-09-2019 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.
This application, for grant of anticipatory bail, arises out of Warsaliganj Police Station Case No. 210 of 2019, disclosing offences under Sections 323/341/308/34 of the Indian Penal Code.
The prosecution case, as per the First Information Report, is that the informant had planted paddy seeds in his field and on the date of occurrence, i.e. on 30.06.2019, the petitioners took their tractor in the field of the informant in order to destroy
Patna High Court CR. MISC. No.58730 of 2019(2) dt.18-09-2019 2/3 the paddy sown by him. It is alleged that when the informant objected, the petitioners assaulted him with iron-rod, lathi, danda etc.
Learned Counsel for the petitioners submits that the petitioners have falsely been implicated in this case and there is case and counter case inasmuch as mother of the petitioner nos. 1 and 2 has lodged Warsaliganj Police Station Case No. 212 of 2019 against the informant. He, relying on Annexure-2 (injury report), submits that injuries caused to the informant have been found to be simple in nature.
Having regard to the submissions made on behalf of the parties and taking into consideration the fact that injuries caused to the informant are simple in nature, I am inclined to grant the petitioners privilege of anticipatory bail. This application is, accordingly, allowed.
Let the petitioners, above named in the event of their arrest or surrender before the Court below within four 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 1st Additional Chief Judicial Magistrate, Nawada, in connection with Warsaliganj Police Station Case No. 210 of 2019, subject to the condition laid down under
Patna High Court CR. MISC. No.58730 of 2019(2) dt.18-09-2019 3/3 Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √