Birju Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81829 of 2019 Arising Out of PS. Case No.-87 Year-2019 Thana- NARHATT District- Nawada ====================================================== 1.

BIRJU CHOUDHARY, aged about 30 years, Male, Son of Ramdhani Choudhari @ Jago Choudhari, Resident of Village - Dai Bigha, P.S.- Narhat , Distt.- Nawada 2.

Pintu Choudhary, aged about 28 years, Male, Son of Ramdhani Choudhari @ Jago Choudhari, Resident of Village - Dai Bigha, P.S.- Narhat , Distt.- Nawada 3.

Mantu Choudhary @ Mantu Kumar, aged about 24 years, Male, Son of Ramdhani Choudhari @ Jago Choudhari, Resident of Village - Dai Bigha, P.S.- Narhat , Distt.- Nawada ... Petitioners

Versus

THE STATE OF BIHAR ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr. Sanjay Kumar Sinha, Adv.

For the Opposite Party :

Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 23-06-2020 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the state through video conferencing.

The petitioners seek pre-arrest bail in connection with Narhat P.S. Case No. 87 of 2019, registered under Sections 341, 323, 324, 325, 307, 504 and 506/34 of the Indian Penal Code. The accusation is that in the late evening of 23.03.2019 flimsy song was being played on Disc Jockey (DJ), informant, Kaushal Paswan, made protest on which 14 persons, named in the first information report, including the petitioners and some others, variously armed with weapons, came near the house of the informant and started to cause assault. At that time, Gorelal Paswan was assaulted through sword, then, informant and other family members reached near Gorelal Paswan and made protest, then, all started to cause assault in which Sorolal

Patna High Court CR. MISC. No.81829 of 2019(3) dt.23-06-2020 2/2 Paswan and Girja Paswan sustained sustained injuries. Shailendra Paswan also sustained fracture injury in his hand. Submission is that while the petitioners, named in the first information report, along with 11 others, but, no specific overt act has been attributed against them. Further, submission is that all the injuries are of simple in nature except the injury on Shailendra Paswan, which was fracture of left elbow. The petitioners have no criminal antecedent.

Having regard to the facts and circumstances of the case, let the petitioners, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Narhat P.S. Case No. 87 of 2019 shall be released on bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, VI, Nawada, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code. (Rajendra Kumar Mishra, J) Shamshad/- U T