Manoj Choudhary And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31416 of 2018 Arising Out of PS.Case No. -253 Year- 2017 Thana -SARAI RANJAN District- SAMASTIPUR ======================================================

1. Manoj Choudhary,

2. Bhavesh Choudhary Both are Sons of Ganga Choudhary, Both Residents of Vill.- Jitwarpur Kumhira, P.S.- Sarairanjan, District- Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajeev Ranjan. For the Opposite Party/s : Mr. Sri Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 12-06-2018 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek pre-arrest bail in connection with Sarairanjan P.S. Case No.253 of 2017 (G.R.No.3718/17) registered for the offences under Sections 307, 34, 448 of I.P.C Accusation is that in the night of 14.12.2017 the informant Shambhu Kumar Das was sleeping along with his family members in the house after taking dinner while his father Baleshwar Das was sleeping in Bathan in back side of the house, in the night some miscreants assaulted him with sharp cutting weapon causing injury on his head. On cry of Baleshwar Das the informant along with his family members rushed there and got him admitted in I.C.U. at Samastipur. The informant raised suspicion regarding

Patna High Court Cr.Misc. No.31416 of 2018 (2) dt.12-06-2018 2/2 assault of his father on the petitioners, Manoj Choudhary and Bhavesh Choudhary due to old dispute.

Learned counsel appearing on behalf of the petitioners submits that as per the F.I.R. the informant is the son of the injured. Only suspicion has been raised against the petitioners having hand in causing grievous injury to the father of the informant, Baleshwar Das. But the informant is not an eye witness to the occurrence. Later on, only on suspicion raised by the informant his mother gave her statement claiming herself to be the eye witness to the occurrence. The petitioners have no criminal antecedent.

Having considered the facts and circumstances of the case, let the petitioners, above named, in the event of arrest or surrender before the learned Court below within six weeks from today be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., VI, Samastipur, in Sarairanjan P.S. Case No.253 of 2017 (G.R.No.3718/17) subject to the condition as laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) AnilKrSinha/- U T