Allowed

Nitish Choudhary and Ors. v. The State Of Bihar

Patna HC24 May 2018CR. MISC./28680/2018

Case brief

AI extract

What is this about?

This criminal miscellaneous petition sought anticipatory bail for ten petitioners accused of offences under various sections of the IPC. The High Court granted bail noting the absence of an injury report and specific allegations against certain petitioners, laying down standard conditions for release.

What did the court decide?

Petitioners granted anticipatory bail on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount.

Nitish Choudhary and Ors. Vs The State Of Bihar — Anticipatory Bail | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28680 of 2018

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Arising Out of PS. Case No.-408 Year-2017 Thana- BAKHTIARPUR District- Saharsa

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======================================================

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Nitish Choudhary, S/o Umesh Choudhary,

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Kiro Choudhary, S/o Ram Swaroop Choudhary,

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Rahul Choudhary, S/o Umesh Choudhary,

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Raijee Choudhary, S/o Ghushar Choudhary,

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Roshan Choudhary, S/o Umesh Choudhary,

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Ram Bilash Choudhary, S/o Late Bharan Choudhary,

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Mukesh Choudhary, S/o Raijee Choudhary,

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Subodh Choudhary, S/o Lalit Choudhary,

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Manoj Choudhary, S/o Raiji Choudhary,

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Lalit Choudhary, S/o Suman Choudhary, All are R/o Vill.Dhanpura, P.S.- Simri Bakhtiarpur, District- Saharsa.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance : For the Petitioner/s : Mr. Shiva Shankar Sharma, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Singh, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER

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2 24-05-2018

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Heard learned counsel for the petitioners and the

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State.

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The petitioners apprehend arrest in Bakhtiyarpur (Kanariya O.P.) P.S. Case No. 408 of 2017, instituted for the offence under Sections 147, 148,149,341,323,379,307,504,506 of the Indian Penal Code.

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Learned counsel for the petitioners has submitted that there is no any injury report available on the record. It is alleged that occurrence has taken place on 21.11.2017. The written report has been lodged on 25.11.2017. After delay of three days

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Patna High Court Cr.Misc. No.28680 of 2018(2) dt.24-05-2018 2/3

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it has been further submitted that petitioner no. 9 has also filed case vide Bakhtiyarpur P.S. Case No. 409 of 2017 against the brother of informant and others.

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In the instant case, there is allegation against petitioner no. 9 of assaulting informant with the butt of three nut over his head causing injury.

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Learned Sessions Judge mentioned in the impugned order that there is no injury report available on record. There is no specific allegation of overt act against further petitioners.

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In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioners, named above, in the event of their arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Bakhtiyarpur (Kanariya O.P.) P.S. Case No. 408 of 2017 to the satisfaction of the learned Chief Judicial Magistrate, Saharsa, subject to condition as laid down u/S 438 (2) of the Cr. P.C. with further conditions (1) (bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and

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Patna High Court Cr.Misc. No.28680 of 2018(2) dt.24-05-2018 3/3

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every dated fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bonds of the petitioners and (3) if the petitioners tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

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(Sanjay Priya, J)

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khushbu/-

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U T

Nitish Choudhary and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Nitish Choudhary and Ors. v. The State Of Bihar

Case brief

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