Sandeep Chaudhary @ Sandeep Kumar Vs The State Of Bihar

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.52800 of 2024

¶2

Arising Out of PS. Case No.-74 Year-2024 Thana- MOHANIYA District- Kaimur (Bhabua)

¶3

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

¶4

Sandeep Chaudhary @ Sandeep Kumar Son of Raju Chaudhary @ Rajdhu Chaudhary @ Radhe Mallah R/O Vill.- Mubarakpur, P.s.- Mohania, Dist.Kaimur, Bhabua

¶5

Sanny Chaudhary @ Sanny Kumar @ Sunny Chaudhary @ Sunny Kumar Son of Raju Chaudhary @ Rajdhu Chaudhary @ Radhe Mallah R/O Vill.Mubarakpur, P.s.- Mohania, Dist.- Kaimur, Bhabua

¶6

Govind Chaudhary @ Govind Kumar Son of Raju Chaudhary @ Rajdhu Chaudhary @ Radhe Mallah R/O Vill.- Mubarakpur, P.s.- Mohania, Dist.Kaimur, Bhabua

¶7

Raju Chaudhary @ Rajdhu Chaudhary @ Radhe Mallah Son of Late Dhunmun Mallah R/O Vill.- Mubarakpur, P.s.- Mohania, Dist.- Kaimur, Bhabua

... ... Petitioner/s

Versus

The State Of Bihar

... ... Opposite Party/s

¶12

====================================================== Appearance : For the Petitioner/s : Mr. Kumar Sunil For the Opposite Party/s : Mr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

¶13

3 17-10-2024 1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

¶14

2. This application, for grant of anticipatory bail, arises out of Mohania Police Station Case No. 74 of 2024, dated 05.02.2024, disclosing offences under Sections 447/341/504/307/324/354/34 of the Indian Penal Code.

¶15

3. The prosecution case, as per the First Information Report, is that on 04.02.2024, when the informant was at his home, his niece told him that the co-accused Tuntun

¶16

Patna High Court CR. MISC. No.52800 of 2024(3) dt.17-10-2024 2/4

¶17

Choudhary, son of petitioner no. 4 and brother of petitioner nos. 1, 2 and 3, called her with vulgar gesture. When the informant, along with his brother, namely, Munna Prasad, went to the house of the petitioners, the petitioners and other co-accused person, armed with iron rod, farsa, bhala, lathi, danda, etc., started abusing and the petitioners assaulted the informant and his brother. Petitioner no. 1 assaulted the informant by means of farsa due to which he sustained injury on his head. When informant’s brother came for rescue, the petitioner no. 4 assaulted him by means of iron rod and the petitioner nos. 2 and 3 also assaulted him due to which he sustained injury on his head.

¶18

4. Learned Counsel for the petitioners submits that both the parties are co-villagers and dispute between them arose due to misbehavior as alleged against the side of the petitioners. The allegation against them are general and omnibus in nature. He next submits that the injuries caused to the informant and his brother due to assault made by the petitioners are simple in nature by hard and blunt substance, whereas, the allegation is of inflicting injury by means of sharp cutting weapon.

¶19

Patna High Court CR. MISC. No.52800 of 2024(3) dt.17-10-2024 3/4

¶20

5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that there is specific allegation of assault against the petitioner no. 4 upon the informant’s brother by means of iron rod due to which he sustained head injury, which is grevious in nature, I am not inclined to grant the petitioner no. 4 privilege of anticipatory bail.

¶21

6. This application in respect of petitioner no. 4 is, accordingly, dismissed.

¶22

7. Insofar as petitioner nos. 1, 2 and 3, are concerned, both the parties are co-villagers, the allegation against them are general and omnibus in nature and injuries caused to the informant and his brother are simple in nature except the injury attributable to petitioner no. 4., I am inclined to grant the the petitioner nos. 1, 2 and 3 privilege of anticipatory bail.

¶23

8. This application in respect of petitioner nos. 1, 2 and 3 is, accordingly, allowed

¶24

9. Let the petitioner nos. 1, 2 and 3, above named, in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two

¶25

Patna High Court CR. MISC. No.52800 of 2024(3) dt.17-10-2024 4/4

¶26

sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Mohania, Kaimur (Bhabua), in connection with Mohania Police Station Case No. 74 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

¶27

(Anil Kumar Sinha, J)

¶28

ashwani/-

¶29

U T

Sandeep Chaudhary @ Sandeep Kumar v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Sandeep Chaudhary @ Sandeep Kumar v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Smt. Kaushalya Kumari Chaudhary Vs The State of Bihar

Himanshu Kumar Vs The State of Bihar

Alok Kumar Sharma Vs The State of Bihar

Vindyavasini Singh Vs The State of Bihar

Tinku @ Bhutta Vs The State of Bihar

Usha Devi Vs The State of Bihar