Awadhesh Chaudhary @ Mahesh Chaudhary And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30279 of 2018 Arising Out of PS.Case No. -133 Year- 2017 Thana -NADI P.S. District- PATNA ======================================================

1. Awadhesh Chaudhary @ Mahesh Chaudhary, Son of Late Basudeo Chaudhary,

2. Ranjan Kumar alias Ranjan Chaudhary,

3. Shankar Kumar alias Shankar Chaudhary,

4. Rakesh Kumar alias Rakesh Chaudhary, all sons of Sri Awadhesh Chaudhary alias Mahesh Chaudhary, all residents of Village- Samaspur, P.S.- Fatwah, District- Patna.

.... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Bhola Kumar, Advocate. For the Opposite Party : Smt. Sharda Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-09-2018 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners are apprehending their arrest in a case for the offence registered under Sections 341, 323, 307, 504, 506 and 354/34 of the IPC.

The prosecution story, in brief, is that on 07.01.2018 at about 6 P.M., the accused persons came and started assaulting the informant which caused injuries on his head and they also entered into the house of the informant and assaulted other female inmates. It is also alleged that petitioner no. 2 Ranjan Kumar alias Ranjan Chaudhary always used to tease the daughter of the informant while she is going to School.

Patna High Court Cr.Misc. No.30279 of 2018 (3) dt.17-09-2018 2/2 It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. It is case and counter case between the parties. Both parties are neighbours. Due to petty dispute the said occurrence has taken place. Injury is superficial in nature. General and omnibus allegation has been made against the petitioners. No specific injury has been attributed against the petitioners. On behalf of the learned counsel for the State, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-Vth, Patna City, in connection with Nadi P.S. Case No. 133/2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T