Raja Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77894 of 2024 Arising Out of PS. Case No.-277 Year-2023 Thana- HASPURA District- Aurangabad ====================================================== 1.
Raja Choudhary S/o- Late Badhu Choudhary Resident of Village- Karan Bigha (Ghusari) P.S.- Haspura, District- Aurangabad 2.
Upendra Choudhary S/o- Late Tijan Choudhary Resident of Village- Karan Bigha (Ghusari) P.S.- Haspura, District- Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Binod Kumar Pandey For the Opposite Party/s :
Mr. Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-11-2024
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 Haspura Police Station Case No. 277 of 2023, dated 08.10.2023, disclosing offences under Sections 341/323/308/504/506/354B/379 of the Indian Penal Code.
3. The prosecution case, as per the First Information Report, is that on 06.10.2023, the accused persons were quarreling on the issue of sale of liquor under intoxicated condition and when the younger brother of the informant objected, he was abused and assaulted by the co-accused Mantu Kumar. Petitioner no. 1 caught hold of informant's
Patna High Court CR. MISC. No.77894 of 2024(2) dt.25-11-2024 2/3 wife by her hair and brought her down on the ground and tried to outraged her modesty. Petitioner no. 2 assaulted the informant and also snatched gold chain from the informant's wife.
4. Learned counsel for the petitioners submits that both the parties are neighbours and the dispute has arisen due to the fact that informant's younger brother objected the accused persons while they were making noise. He further submits that the allegation against the petitioners is concocted and no injury has been caused to the informant and his wife and same has not been discussed in the impugned order.
5. Having regard to the submissions made on behalf of the parties and taking into consideration the nature of allegation and the fact that injury report has not been brought on record by the prosecution, I am inclined to grant the petitioners privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioners, above named, 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) each with two sureties of the
Patna High Court CR. MISC. No.77894 of 2024(2) dt.25-11-2024 3/3 like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Aurangabad, in connection with Haspura Police Station Case No. 277 of 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) ashwani/- U T