Jitwahan Chaudhary And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55766 of 2017 Arising Out of PS.Case No. -79 Year- 2017 Thana -JAMHORA District- AURANGABAD ======================================================

1. Jitwahan Chaudhary,

2. Jhapasi Chaudhary Both Sons of Late Brichh chaudhary.

3. Ashok Chaudhary.

4. Akal Chaudhary @ Pramod Chaudhary, Both sons of Jetwahen Chaudhary.

5. Daroga Chaudhary,

6. Pintu Chaudhary,

7. Dilip Chaudhary, all sons of Jhapasi Chaudhary.

8. Ravi Chaudhary @ Ravi Kumar Chaudhary, Son of Daroga Chaudhary, all resident of Village- Bhuwapur, Police Station- Jamhore, DistrictAurangabad .... Petitioners

Versus

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

For the Petitioners : Mr. Md. Harun Quareshi, Adv. For the Opposite Party : Mr. Damodar Prasad Tiwary, APP 93 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-12-2017 Heard both sides.

The petitioners apprehend their arrest in Jamhore P.S. Case No. 79 of 2017 registered under Sections 308, 325, 379 and other sections of the Indian Penal Code.

The informant named the petitioners alleging that they all having armed with different weapons came to his field and asked him not to plough the lands. When the informant replied that he is the owner of the land, the petitioners assaulted the informant and others. Ajay Yadav is said to have received injury on head, Mahendra Yadav and Baijnath Sah are also said to have got injury.

The learned counsel for the petitioners submits that there is a case and counter case. From the side of the petitioners, Jamhore P.S. Case No. 80 of 2017 has been registered. The

Patna High Court Cr.Misc. No.55766 of 2017 (2) dt.13-12-2017 2/2 injured got simple injury. There is no fracture either of the hand or head. Mahendra Yadav did not receive any injury. Ganesh Yadav also did not receive any injury.

Considering the facts that on account of land dispute both sides appeared to have entered into scuffle and some mutual assault took place, the petitioners, in the event of their arrest or surrender, within four weeks from the date of receipt of this order, are directed to be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each in connection with Jamhore P.S. Case No. 79 of 2017 to the satisfaction of Chief Judicial Magistrate, Aurangabad, or successor Court, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code. (Prabhat Kumar Jha, J) SA/- U √ T √