Anil Chaudhary @ Anil Kumar Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72199 of 2024 Arising Out of PS. Case No.-194 Year-2024 Thana- NOKHA District- Rohtas ====================================================== 1.
Anil Chaudhary @ Anil Kumar Chaudhary son of Late Rajaram Chaudhary Village -Arang Tola, PS- Dinara (Bhanas), District- Rohtas 2.
Shankar Chaudhary @ Rama Shankar Chaudhary Son of Kedar Chaudhary Village -Arang Tola, PS- Dinara (Bhanas), District- Rohtas 3.
Vikash Chaudhary @ Vikash Kumar Chaudhary Son of Late Ramji Chaudhary Village -Arang Tola, PS- Dinara (Bhanas), District- Rohtas 4.
Sujit Chaudhary @ Sujit Kumar Chaudhary Son of Shakar Chaudhary @ Rama Shankar Chaudhary Village -Arang Tola, PS- Dinara (Bhanas), District- Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Prasad Singh, Sr. Adv :
Mr. Bhaskar Shankar For the Opposite Party/s :
Mr. Abhay Kumar Roy For the Informant :
Mr. Nagendra Upadhyay :
Mr. Gopal Krishna Neshaat ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 29-10-2024
1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Nokha Police Station Case No. 194 of 2024, disclosing offences under Sections 307, 354, 379, 323, 325, 448, 504, 506, 143 of the Indian Penal Code.
3. Learned counsel for the petitioners submits that petitioner no. 1 has been arrested, accordingly, seeks permission to withdraw the present application with respect to petitioner no.
Patna High Court CR. MISC. No.72199 of 2024(2) dt.29-10-2024 2/3 1.
4. Permission is granted.
5. As per the First Information Report, petitioner no. 1 assaulted the informant on his head by means of gandasa and petitioner no. 3 along with co-accused, Gulab Chaudhary twisted the arms of the informant's wife. Petitioner no. 2 and 4 has allegedly snatched golden chain worth Rs. 50,000/- from the neck of the informant's wife.
6. Mr. Krishna Prasad Singh, learned senior counsel for the petitioners submits that the present case has been lodged due to dispute regarding construction of boundary between the two parties. The counter case has also been lodged by the side of the petitioners bearing Complaint Case No. 605 of 2024. The allegation of assault is upon petitioner no. 1 by means of gandasa who has already been arrested. The injury caused to the informant's wife is simple in nature and the allegation against petitioner nos. 2 and 4 are ornamental in nature.
7. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that there is a dispute regarding boundary between the parties, case and counter case is also there and the injury caused to the informant's wife is simple in nature, I am inclined to grant the
Patna High Court CR. MISC. No.72199 of 2024(2) dt.29-10-2024 3/3 petitioner nos. 2, 3, 4 privilege of anticipatory bail.
8. This application is, partly, allowed to the extent indicated above.
9. Let the petitioner nos. 2, 3 and 4, in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1st, Rohtas at Sasaram, in connection with Nokha Police Station Case No. 194 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) HarshPandey/- U T