Yadunandan Chobey And ORS v. The State Of Bihar
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.62106 of 2017 Arising Out of PS. Case No.-244 Year-2017 Thana- RAJPUR District- Buxar ======================================================
1. Yadunandan Chobey, S/o Rajnath Choubey,
2. Piyush Choubey @ Mukesh Kuamr S/o Yadunandan Choubey,
3. Om Prakash Choubey S/o Nandlal Choubey,
4. Mukesh Kumar Choubey @ Mukesh Choubey S/o Rameshwar Choubey, All R/o Village- Sisrarh, P.S.- Rajpur, District- Buxar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Kumar Sinha, Adv.
For the Opposite Party/s :
SMT. SUMAN KUMARI SINGH, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-12-2017 Heard learned Counsels for the petitioners and learned APP for the State.
The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 354B, 379 and 504/34 of the Indian Penal Code. Prosecution case is that the accused persons had scuffled with the informant earlier as they used to pass vulgar comments against the informant. When the informant protested, petitioner no.1 Yadunandan Choubey, assaulted with lathi, whereas, petitioner No.4, Om Prakash Choubey, snatched the ear ring from the informant.
It is submitted by learned counsel for the petitioners
Patna High Court Cr.Misc. No.62106 of 2017(2) dt.22-12-2017 2/2 that even assuming the accusation no offence under section 354B of the I.P.C. is made out and accusation under Section 379 is cosmetic in nature. Moreover, for the occurrence of 22.09.2017, the FIR was registered on 23.09.2017. Considering the accusation in the background of petty dispute, coupled with statement made in paragraph no.3 of the petition that petitioner nos. 2 and 4 are not having any criminal antecedent, wheres, petitioner nos. 1 and 3 is accused in one other case, wherein they are on bail, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Buxar, in connection with Rajpur P.S. Case No.244 of 2017.
(Dinesh Kumar Singh, J) Ashwini/- U T