Shrwan Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72116 of 2019 Arising Out of PS. Case No.-337 Year-2019 Thana- GAYA MUFASIL District- Gaya ====================================================== 1.

SHRWAN CHAUDHARY, Son of Anandi Chaudhary Resident of VillageBhadeja, P.S.-Moffasil, District-Gaya. 2.

Pappu Chaudhary Son of Prabhu Chaudhary Resident of Village-Bhadeja, P.S.-Moffasil, District-Gaya.

3.

Mukesh Chaudhary Son of Naresh Chaudhary Resident of Village-Bhadeja, P.S.-Moffasil, District-Gaya.

4.

Anil Chaudhary Son of Kailash Chaudhary Resident of Village-Bhadeja, P.S.-Moffasil, District-Gaya.

5.

Sanni Chaudhary Son of Niranjan Chaudhary Resident of Village-Bhadeja, P.S.-Moffasil, District-Gaya.

6.

Bobby Chaudhary @ Boby Chaudhary Son of Niranjan Chaudhary Resident of Village-Bhadeja, P.S.-Moffasil, District-Gaya. 7.

Ajit Chaudhary Son of Upendra Chaudhary Resident of Village-Bhadeja, P.S.-Moffasil, District-Gaya.

8.

Arvind Saw Son of Narayan Saw Resident of Village-Bhadeja, P.S.- Moffasil, District-Gaya.

9.

Lago Chaudhary @ Niranjan Chaudhary @ Lango Chaudhary Son of Kailash Chaudhary Resident of Village-Bhadeja, P.S.-Moffasil, DistrictGaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramashish For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 13-09-2021 Heard Mr. Mrigendra Kumar, learned advocate for the petitioners and Mr. Akshay Lal Pandit, learned APP for the State.

The petitioners seek bail in anticipation of their

Patna High Court CR. MISC. No.72116 of 2019(4) dt.13-09-2021 2/3 arrest in connection with Moffasil P. S. Case No. 337 of 2019, dated 19.07.2019, instituted for the offences under Sections 341, 323, 307 and 34 of the Indian Penal Code.

The accusation against the petitioners is of having assaulted the informant by means of hard and blunt substance, causing injuries to him.

The learned advocate for the petitioners has submitted that the accusation against them is absolutely vague and general.

The injury report indicates that the informant has received simple injuries.

It has also been submitted that a counter case has been lodged by one Kishor Kumar Chaudhary against the informant and others.

There is a dispute between two communities of the village and the petitioners have been made accused in this case only because they hail from the opposing camp of the informant.

Patna High Court CR. MISC. No.72116 of 2019(4) dt.13-09-2021 3/3 Considering the afore-stated aspects of the matter, the petitioners, above-named, are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya, in connection with Moffasil P. S. Case No. 337 of 2019, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

The application stands allowed.

While saying so, this Court has also taken note of the fact that in the earlier cases in which some of the petitioners have been made accused, they are on bail. (Ashutosh Kumar, J) skm/- U T