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Patna High CourtCR. MISC./20335/2018dismissed

Sonu Choudhary And ORS v. The State Of Bihar

2018-07-16Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20335 of 2018 Arising Out of PS. Case No.-87 Year-2017 Thana- BELAGANJ District- Gaya ======================================================

1. Sonu Choudhary, Son of Satyendra Choudhary,

2. Munna Choudhary, Son of Late Naresh Choudhary,

3. Brijnandan Choudhary, Son of Late Barhmdeo Choudhary,

4. Rameshwar Choudhary, Son of Late Ram Chandra Choudhary,

5. Bijay Choudhary, Son of Late Ram Chandra Choudhary, All resident of Village- Rebarha, P.S.- Belaganj, District- Gaya (Bihar).

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Vishwa Ranjan Choudhary For the Opposite Party/s :

Mr. Sri Aditya Narayan Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-07-2018 Petitioners apprehend their arrest in Belaganj P.S. case no. 87 of 2017 instituted for the offence under Section(s) 147, 341, 323, 307, 379 and 504 of the Indian Penal Code. In the written report it is alleged that petitioner no.1 assaulted the informant with wooden Baretha causing injury to him on his head on account of which he fell down. Thereafter, accused persons including the petitioners assaulted the informant with iron hammer and lathi causing injury to him. It appears from perusal of impugned order that prayer for anticipatory bail of the petitioners was earlier rejected by the Court below vide order dated 01.08.2017 passed in A.B.P. No. 1043 of 2017 and this fresh application for anticipatory bail was

Patna High Court Cr.Misc. No.20335 of 2018(3) dt.16-07-2018 2/2 filed on the ground that compromise has taken place which was rejected by the impugned order.

The case diary has been received wherein the injury report of the informant is available wherein the doctor has found five injury on person of injured. Out of which injury no. 5 is grievous in nature. Therefore, this Court is not inclined to grant anticipatory bail to the petitioners. Prayer for anticipatory bail of the petitioners stand rejected.

Petitioners may surrender before the Court below and make prayer for regular bail which shall be considered and disposed of , if possible on the same day, on its own merit in accordance with law without being prejudiced by the present order.

(Sanjay Priya, J) shyambihari/- U T