Allowed

Upendra Chaudhary and Ors. v. The State of Bihar

Patna HC4 Apr 2019CR. MISC./20547/2019

Case brief

AI extract

What is this about?

The Patna High Court granted conditional anticipatory bail to three petitioners facing charges under various sections of the IPC and Arms Act, directing them to surrender within six weeks and comply with standard bail conditions.

What did the court decide?

Petitioners released on bail on furnishing bonds of Rs. 10,000 each with two sureties, subject to conditions of presence in court and no similar offences.

Upendra Chaudhary and Ors. Vs The State of Bihar — Quashing and FIR | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.20547 of 2019

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Arising Out of PS. Case No.-218 Year-2018 Thana- PATORI District- Samastipur

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

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Upendra Chaudhary aged about 61 years (Male) Son of Jappan @ Jppan

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Mantu Chaudhary @ Mantun Chaudhary aged about 38 years (Male) Son of Upendra Chaudhary

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Naresh Chaudhary aged about 26 years (Male) Son of Upendra Chaudhary

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Satish Rai @ Satish Kumar Ray aged about 33 years (Male) Son of Ram Kripal Rai

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Nos. 1, 2 & 3 Residents of village Mohanpur Ratanpur, P.S. Shahpur Patori, District Samastipur and No. 4 Resident of village- Bhaua, P.S.- Shahpur Patori, District- Samastipur

... ... Petitioners

Versus

The State of Bihar

... ... Opposite Party

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====================================================== Appearance : For the Petitioners : Mr. Jitendra Narain Sinha, Advocate For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER

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2 04-04-2019

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Heard learned counsel for the petitioners and learned APP for the State.

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The petitioners apprehend their arrest for the offences alleged under Sections 323, 342, 354, 380, 452, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act registered in connection with Shahpur Patori (Mohanpur OP) P.S. Case No. 218 of 2018.

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It is submitted that the petitioners have been falsely implicated as the parties are agnates among whom the property disputes are going on. The present first information report has been instituted by the informant coming to know about the probate case filed by the petitioners. The petitioners claim clean antecedents.

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Be that as it may, in the event of the petitioners’ arrest or surrender before the court below within six weeks from the date of

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Patna High Court CR. MISC. No.20547 of 2019(2) dt.04-04-2019 2/2

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communication of this order, let the above named petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 4^th , Samastipur in connection with Shahpur Patori (Mohanpur OP) P.S. Case No. 218 of 2018, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. and with further conditions --

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(i) That one of the bailors of each of the petitioners shall be their close relatives.

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(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.

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(iii) That the petitioners shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.

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(iv) That the petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

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BT/-

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(Vikash Jain, J)

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U T

Upendra Chaudhary and Ors. v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Upendra Chaudhary and Ors. v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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