IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25877 of 2011
1. Jogrosan Choubey @ Jagrasan Choubey, son of late
Bhagwati Choubey.
2. Dhuman Choubey, son of late Bhagwati choubey
3. Abhay Pandey, son of Sriram Pandey
4. Nirbhay Kumar Pandey @ Nirbhay Pandey, son of Sriram
Pandey
5. Manoranjan Choubey, son of Dhuman Choubey
6. Baliram Choubey, son of Jogrosan Choubey
7. Mantosh Choubey, son of Dhuman Choubey
8. Sri Krishna Pandey, son of Late Ganga Pandey
All are resident of village Laukariya, P.S. - Bairiya, District
- West Champaran.
------ Petitioners.
Versus
The State of Bihar -------Opposite Party
--------
02. 26.08.2011 Heard learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
All the eight petitioners, apprehending their
arrest in connection with Bairiya P.S. Case No.
187/2010, pending in the court of Chief Judicial
Magistrate, West Champaran, Bettiah, are named
accused in this case relating to land dispute and
inflicting injuries upon the informant and others.
After some arguments, learned counsel for the
petitioners seeks permission to withdraw this application
with respect to petitioner no. 4 namely, Nirbhay Kumar
Pandey @ Nirbhay Pandey, with a liberty to surrender
before the court below within a fortnight and seek regular
bail.
Permission is granted. On such prayer, regular
bail of the petitioner no. 4 may be considered by the court
below on its own merit without being prejudice of instant
withdrawal.
2
Accordingly, this application stands disposed
of as withdrawn with respect to petitioner no. 2 namely,
Nirbhay Kumar Pandey @ Nirbhay Pandey.
So far as remaining seven petitioners are
concerned, though named, but nothing specific attributed
against them. There is counter version also by way of
Bariya P.S. Case No. 197/2010.
Considering the facts and circumstances of the
case, in the event of their arrest or surrender within a
period of four weeks, let the above-named seven
petitioners namely, Jogrosan Choubey @ Jagrasan
Choubey, Dhuman Choubey, Abhay Pandey, Manoranjan
Choubey, Baliram Choubey, Mantosh Choubey and Sri
Krishna Pandey, be enlarged on bail on furnishing bail
bond of sum of Rs. 10,000/- (ten thousand only) each
with two sureties of the like amount each to the
satisfaction of Chief Judicial Magistrate, West
Champaran, Bettiah, in connection with Bairiya P.S.
Case No. 187/2010, subject to condition under section
438(2) of the Code of Criminal Procedure, and additional
condition to attend the court regularly at least for two
years or till disposal of the case, whichever is earlier and
in the event of failure on two consecutive dates, without
any reasonable explanation, the privilege granted shall be
deemed to be cancelled.
Rajeev/ ( Akhilesh Chandra, J.)