Pritam Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68418 of 2019 Arising Out of PS. Case No.-241 Year-2019 Thana- BIHARIGANJ District- Madhepura ====================================================== 1.

Pritam Chaudhary, Son of Sri Binod Chaudhary, Resident of Village - Badhiya, P.S.- Bihariganj, District- Madhepura 2.

Nirmal Chaudhary, Son of Sri Uma Chaudhary, Resident of Village - Badhiya, P.S.- Bihariganj, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 27-11-2019 Heard learned counsel for the petitioners and the learned counsel appearing on behalf of the State. The petitioners are apprehending their arrest in connection with Bihariganj P.S. Case No.241 of 2019 registered for the offence punishable under Sections 341, 342, 323, 324, 307, 379, 504, 506, 34 of the Indian Penal Code. Learned counsel for the petitioners submits that though there was an altercation between the parties, the same was on the spur of moment and there was no premeditation. It is further submitted that even if there was any injury caused on account of any knife blow by petitioner No.1, the same has been found to be simple in nature and there was no repetition of blow

Patna High Court CR. MISC. No.68418 of 2019(2) dt.27-11-2019 2/2 so as to attract the provisions of Section 307 I.P.C. It is further submitted that the petitioners shall co-operate in the trial and be present as and when required. It is further submitted that the petitioners have no criminal antecedents and the petitioners and the informant are closely related.

Considering the aforementioned facts and circumstances, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on 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 Judicial Magistrate-1st Class, Udakishunganj, Madhepura, in connection with Bihariganj P.S. Case No.241 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) PNM U T