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Patna High CourtCR. MISC./61593/2019bail granted

Yogindra Choudhary @ Yogendra Choudhary v. The State Of Bihar

2019-10-16Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61593 of 2019 Arising Out of PS. Case No.-51 Year-2019 Thana- DHANSOI District- Buxar ====================================================== 1.

Yogindra Choudhary @ Yogendra Choudhary, aged about 40 years, Son of Ram Prasad Choudhary, Resident of Village - Goseki Dihara, P.S.- Dhansoi, Dist.- Buxar.

2.

Durga Choudhary, aged about 35 years, Son of Ram Prasad Choudhary Resident of Village - Goseki Dihara, P.S.- Dhansoi, Dist.- Buxar. 3.

Salendra Choudhary @ Sahendra Choudhary, male aged about 37 years, Son of Sumer Choudhary, Resident of Village - Goseki Dihara, P.S.- Dhansoi, Dist.- Buxar.

4.

Ravi Choudhary, aged about 28 years, Son of Sumer Choudhary, Resident of Village - Goseki Dihara, P.S.- Dhansoi, Dist.- Buxar. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rang Nath Choubey, Adv.

For the Opposite Party/s :

Mr. Pranav Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-10-2019 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioners apprehend their arrest in connection with Dhansoi P.S. Case No. 51 of 2019 registered under sections 341, 323, 504, 506, 379, 307, 34, 435 of the IPC. The allegation against the petitioners, as per the first information report, is that the petitioners assaulted the informant and other family members with lathi, danda, bricks, stone etc. The cause of occurrence is that the petitioners had put a fire near the wheat field of the informant.

Learned counsel appearing for the petitioners submits that both the parties are co-villagers and there appears to be

Patna High Court CR. MISC. No.61593 of 2019(2) dt.16-10-2019 2/2 dispute between them from before and there is a case and counter case between the parties inasmuch as a complaint case no. 441(c) of 2019 has been lodged by the side of the petitioner against the side of the informant. Learned counsel referring to para 11 of this petition submits that injury caused to the victims have been found to be simple in nature.

Having regard to the submissions made by the parties and taking into consideration the fact that both the parties are covillagers and the injuries found on the persons of the victim are simple in nature, I am inclined to grant anticipatory bail to all the petitioners.

Accordingly, the petitioners, above named, in the event of arrest or surrender before the learned Court below within a period of four weeks from today shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Buxar, in connection with Dhansoi P.S. Case No. 51 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Anil Kumar Sinha, J) Anjula/- U