Subodh Choudhary @ Subodh Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24685 of 2018 Arising Out of PS.Case No. -180 Year- 2017 Thana -CHARIABARIYARPUR DistrictBEGUSARAI ======================================================

1. Subodh Choudhary @ Subodh Kumar, Son of Hare Ram Choudhary,

2. Kultha Choudhary, Son of Prabhu Choudhary, Both are resident of Village- Manjhaul, P.S.- Cheriya Bariyarpur, District- Begusarai. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Sumiran Rai For the Opposite Party/s : Mr. Sri Sakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-06-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Cheriya Bariyarpur (Manjhaul) P.s.Case no.180 of 2017 , registered for offences punishable under Sections 341, 323, 324, 504 an 307/34 of the Indian Penal Code.

Allegation against the petitioner no.1 is of assault by sharp cutting weapon to the informant and also against the petitioner no.2 is of assault to the informant.

Submission of the learned counsel for the petitioners is that there is delay of two months in lodging the case and moreover the injuries are simple in nature.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.24685 of 2018 (3) dt.18-06-2018 2/2 Having heard both sides and in view of the facts and circumstances, as stated above , let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM, Manjhaul, Begusarai in connection with Cheriya Bariyarpur (Manjhaul) P.S.Case No.180 of 2017 dated 17.11.2017 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of their bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T