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Patna High CourtCR. MISC./76242/2019allowed

Sadanand Choudhary v. The State Of Bihar

2020-03-16Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76242 of 2019 Arising Out of PS. Case No.-330 Year-2018 Thana- PALASI District- Araria ====================================================== 1.

Sadanand Choudhary Son of Late Besri Choudhary 2.

Asha Devi Wife of Sadanand Choudhary 3.

Roushani Kumari daughter - Sadanand Choudhary All resident of Village - Bangama, P.S.- Palasi, District- Araria ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Baleshwar Kamat, Advocate For the Opposite Party :

Mr.Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 16-03-2020 Heard learned counsel for the petitioners and learned Additional Public Prosecutor appearing on behalf of the State. The petitioners are apprehending arrest in connection with Palasi P.S. Case No. 330 of 2018 for offences under Sections 341, 323, 307, 379 and 504/34 of the Indian Penal Code.

Learned counsel for the petitioners submits that the petitioners have no criminal antecedent and on account of cutting of Kathal tree, the occurrence took place. Learned counsel submits that the allegation of assault is not against the petitioners but against son of petitioner no.1. Considering the fact that there is no specific over act

Patna High Court CR. MISC. No.76242 of 2019(4) dt.16-03-2020 2/2 against the petitioners and the dispute arose on account of cutting of Kathal tree, this Court is inclined to grant bail to the petitioners. Let petitioners, above-named, in the event of arrest or surrender within one month from today, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Araria in connection with Palasi P.S. Case No. 330 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anil Kumar Upadhyay, J) BT/- U T