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Patna High Court - Orders

Pintu Chaudhary @ Pintu Kumar Chaudhary vs The State Of Bihar on 3 August, 2023

Author: Prabhat Kumar Singh

Bench: Prabhat Kumar Singh

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37188 of 2023
                  Arising Out of PS. Case No.-398 Year-2018 Thana- DAUDNAGAR District- Aurangabad
                 ======================================================
           1.     PINTU CHAUDHARY @ PINTU KUMAR CHAUDHARY SON OF
                  PARAS CHAUDHARY @ BABUA CHOUDHARY RESIDENT OF
                  VILLAGE- TAKIYA PAR, WARD NO. 2 PS- DAUDNAGAR , DISTT-
                  AURANGABAD
           2.    RINTU CHAOUDHARY SON OF PARAS CHOUDHARY @ BABUA
                 CHOUDHARY RESIDENT OF VILLAGE- TAKIYA PAR, WARD NO. 2
                 PS- DAUDNAGAR , DISTT- AURANGABAD
           3.    HARINARAYAN CHOUDHARY @ GANGU CHOUDHARY SON OF
                 LATE NEMCHAND CHOUDHARY RESIDENT OF VILLAGE- TAKIYA
                 PAR, WARD NO. 2 PS- DAUDNAGAR , DISTT- AURANGABAD
           4.    GORAKH CHOUDHARY @ GORAKH KUMAR SON OF LATE
                 NEMCHAND CHOUDHARY RESIDENT OF VILLAGE- TAKIYA PAR,
                 WARD NO. 2 PS- DAUDNAGAR , DISTT- AURANGABAD
           5.    RAJA RAM CHOUDHARY SON OF SAHDEO CHOUDHARY
                 RESIDENT OF VILLAGE- TAKIYA PAR, WARD NO. 2 PS-
                 DAUDNAGAR , DISTT- AURANGABAD

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Mukul Kumari , Advocate
                 For the Opposite Party/s :     Mr. Tarkeshwar Nath Thakur , APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   03-08-2023

Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 147, 148, 149, 323, 324, 307, 504, 506, 379 of the Indian Penal Code.

3. It is alleged that all the 14 F.I.R named accused persons including these petitioners armed variously came at the Patna High Court CR. MISC. No.37188 of 2023(2) dt.03-08-2023 2/2 field of the informant and assaulted him and his family members.

4. It is submitted that allegation of assault is general and omnibus against these petitioners. Allegation of section 379 of I.P.C is ornamental to make this case grave. Police after investigation submitted final form and found the allegations false. Petitioners claim clean antecedent.

5. Learned counsel for the petitioners oppose the bail petition.

6 Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the S.D.J. Daudnagar, Aurangabad in connection with Daudnagar P.S. Case No 398 of 2018, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Kaushik/-

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