Banke Chaudhary @ Banke Bihari Chaudhary And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25562 of 2018 Arising Out of PS.Case No. -288 Year- 2016 Thana - PARWATTA District- KHAGARIA =====================================

1. Banke Chaudhary @ Banke Bihari Chaudhary, son of Panchi Chaudhary

2. Akhilesh Chaudhary @ Akhilesh Kumar Chaudhary, son of Parmanand Choudhary

3. Sanjeev Sharma @ Sanjeev Kumar, son of Ramballabh Sharma

4. Durgesh Singh @ Durgesh Kumar, son of Ajay Singh All resident of Village-Nayagown Panchkhutti, P.S.- Parbatta, District-Khagaria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sada Nand Roy For the Opposite Party/s : Mr. Smt. Asha Kumari ===================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 03-05-2018 The petitioners seek bail in anticipation of their arrest in connection with Parbatta P.S. Case No. 288 of 2016 dated 15.12.2016 instituted for the offences under Sections 341, 323, 379, 447, 504, 34 of the Indian Penal Code and Section 27 of the Arms Act.

It has been alleged in the F.I.R that while the informant was at his farm, the petitioners came and took away fourteen cows and other belongings of the informant. The informant is also said to have been assaulted by the petitioners. Firing was also resorted to, but leading to injury to none.

Patna High Court Cr.Misc. No.25562 of 2018 (2) dt.03-05-2018 2/2 The learned counsel for the petitioners has submitted that there is an old land dispute between the parties. One of the petitioners viz. petitioner No. 3 has also filed a case against the informant of the present case vide Parbatta P.S. Case No. 287 of 2016. One 144 Cr.P.C proceeding is also pending between the parties. The aforesaid 144 Cr.P.C proceeding has been converted into one under Section 145 Cr.P.C. Thus, it has been argued that the allegations in the F.I.R do not inspire confidence.

Considering the aforesaid facts, let the petitioners, above named, in the event of their arrest or surrender before learned Court below within a period of four weeks from today, be released on bail on their furnishing bail bonds of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 1st, Khagaria in connection with Parbatta P.S. Case No. 288 of 2016.

(Ashutosh Kumar, J) Shageer/- U T