Binod Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71894 of 2019 Arising Out of PS. Case No.-232 Year-2019 Thana- GRIYAK District- Nalanda ====================================================== 1.

BINOD CHOUDHARY, aged about 25 years (Male), son of Deep Choudhary.

2.

Sunil Choudhary, aged about 39 years (Male) son of Deep Choudhary. 3.

Bundel Choudhary, aged about 30 years (Male), son of Deep Choudhary. 4.

Laljit Choudhary, aged about 27 years (Male), son of Deep Choudhary. 5.

Jodhan Choudhay @ Ajit Choudhary, aged about 24 years (Male), son of Deep Choudhary.

6.

Budhan Choudhary, aged about 20 years, son of Deep Choudhary. All resident of Village - Maira, P.S.- Katrisarai, District- Nalanda ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Nilesh Kumar, Advocate For the Opposite Party/s :

Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 10-07-2020 Heard learned counsel for the petitioners and learned APP for the State through virtual Court proceeding. In this case, the petitioners are seeking anticipatory bail in connection with Giriyak (Katrisarai) P.S. Case No.232 of 2019, registered for the offence under Sections 341, 323, 354, 354(B), 307 and 504/34 of the Indian Penal Code and under Section 27 of the Arms Act.

Allegation has been made that while the informant was coming back from Biharsharif after treatment of her daughter namely, Juli Kumar, the accused persons have

Patna High Court CR. MISC. No.71894 of 2019(5) dt.10-07-2020 2/2 intercepted and misbehaved with her and when she tried to flee away, they started firing upon her.

As the petitioners have criminal antecedents, this this Court is not inclined to grant bail to the petitioners. Accordingly, their prayer for anticipatory bail is rejected. At this stage, learned counsel for the petitioners submits that some of the accused persons have been granted regular bail by the Court below, so this Court may give a direction to the Court below to consider this fact while deciding the bail petition of these petitioners.

It goes without saying that the Court below while taking decision on the bail petition of these petitioners will look into the entirety of the matter and also consider the fact that some of the accused persons have been granted regular bail and take decision in accordance with law without being influenced by the order of this Court.

(Shivaji Pandey, J) pawan/- U T