Baiju Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68372 of 2019 Arising Out of PS. Case No.-632 Year-2019 Thana- JAHANABAD District- Jehanabad ====================================================== 1.
BAIJU CHAUDHARY Son of Naresh Chaudhary 2.
Suresh Chauhan Son of Late Mahaveer Chaudhary 3.
Paras Chauhan Son of Jagdish Chauhan 4.
Ramadhar Chauhan Son of Chandrika Chauhan 5.
Mukhdeo Chauhan Son of Late Ramji Chauhan 6.
Tunu Chauhan Son of Baldeo Chauhan 7.
Chhunu Kumar Son of Nardeo Singh @ Indradeo Singh All above residents of Village - Beldari Chak, P.S.- Jehanabad (Karauna O.P.), District- Jehanabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Kumar For the Opposite Party/s :
Mr.Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-12-2019 Learned counsel for the petitioners submits that petitioner No.4(Ramadhar Chauhan) has been arrested during the pendency of this anticipatory bail petition and, therefore, prayer for anticipatory bail of petitioner No.4 has become infructuous.
Accordingly, the anticipatory bail petition of petitioner No.4 is dismissed as has become infructuous. Heard both sides.
The petitioners apprehend their arrest in
Patna High Court CR. MISC. No.68372 of 2019(2) dt.18-12-2019 2/3 Jehanabad(Karauna) P.S. Case No.632 of 2019 registered under Sections 147, 148, 149, 341, 323 and 307 of the Indian Penal Code.
The Choukidar named the petitioners and others and alleged that the petitioners and other accused persons assaulted an unknown person with lathi, fist and slaps causing injury on different parts of the body of the person. The informant saved the mentally retarded person for being further assault. The learned counsel for the petitioners submits that Sunil Yadav is alleged to have been assaulted by the petitioners and others but from perusal of the injury report(Annexure-2), it would appear that there was no injury mark on the body of Sunil Yadav. Sunil Yadav only complained pain. Choukidar named the petitioners.
There appears that some persons pushed Sunil Yadav on the allegation of child lifter but no assault of lathi or any other weapon was found. Similarly situated co-accused namely, Anil Sao and Raju Manjhi have been granted anticipatory bail by a co-ordinate Bench of this Court on 29.11.2019 in Cr. Misc. No.77793 of 2019.
Taking into consideration the facts aforesaid, let the petitioner Nos.1 to 3 and 5 to 7, above named, in the event of
Patna High Court CR. MISC. No.68372 of 2019(2) dt.18-12-2019 3/3 their arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jehanabad in connection with Jehanabad(Karauna) P.S. Case No.632 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) Saurabh/- U T