Dinesh Chaudhary And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52517 of 2018 Arising Out of PS.Case No. -212 Year- 2018 Thana -DEHRI TOWN District- SASARAM (ROHTAS) ======================================================

1. Dinesh Chaudhary, S/o Amarik Chaudhary.

2. Rakesh Chaudhary, S/o Surendra Chaudhary.

3. Dhiraj Chaudhary @ Dhiraj Kumar, S/o Nakul Chaudhary @ Naku Chaudhary.

4. Nakul Chaudhary @ Naku Chaudhary, S/o Keshav Chaudhary.

5. Sunil Chaudhary @ Sunil Kumar, S/o Arjun Chaudhary. All residents of Kamarganj, Ward No. 39, P.S. - Dehri (Town), District - Rohtas. .... .... Petitioners

Versus

The State of Bihar.

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

For the Petitioners : Mr. Mithilesh Kumar Singh, Advocate. For the Opposite Party : Mr. Humayou Ahmad Khan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-09-2018 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 307, 326, 324, 427, 147, 148, 149 of the IPC.

The prosecution story, in brief, is that on 04.03.2018, the informant was returning from his field, all the named accused persons including the petitioners variously armed with Sword, Garasa, Farsa, Lathi-Danda etc., assaulted him and his family members due to which they got injured and thereafter they

Patna High Court Cr.Misc. No.52517 of 2018 (2) dt.10-09-2018 2/2 damaged his house.

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. The petitioners have falsely been implicated in the present case due to previous enmity. It is a case and counter case between the parties. Nature of injury is said to be simple. No offence under Section 307 of the IPC is made out. 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 S.D.J.M. Dehri, Rohtas, in connection with Dehri (Town) P.S. Case No. 212/2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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