IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.8928 of 2011
Bharat Chaudhary @ Bharat Kumar Chaudhary And Anr.
Versus
The State Of Bihar
with
Cr.Misc. No.15448 of 2011
Ashok Chaudhary And Ors.
Versus
The State Of Bihar
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4 06.07.2011 Both the above-said Cr. Misc. Cases arise out of
Bhagwanpur P.S. Case No. 47 of 2010 registered under
sections-302/34 of the Indian Penal Code and accordingly,
they are being disposed of by this common order.
Petitioners are named in the first information
report with specific allegation that they mercilessly beaten
Birendra Yadav who was driver of a truck bearing
registration No. WB-23-4334 after an accident in which one,
Bishwanath Choudhary died. The aforesaid Bishwanath
Choudhary was cousin brother of petitioner No. 1 of Cr.
Misc. No. 8928 of 2011 and the above-said petitioner No. 1
lodged Bhawanipur P.S. Case No. 46 of 2010 after the
above-said accident.
Learned counsel for the petitioners submits that
as a matter of fact, the aforesaid Birendra Yadav died in the
above-said accident but police implicated the petitioners in
false case because some hot exchange of words took place
between petitioners and police officials after the above-said
accident. It is further pointed out by him that an omnibus
allegation of assault has been levelled against the
2
petitioners and several other co-villagers.
Taking into consideration the aforesaid facts and
circumstances as well as submission of the parties, let the
petitioners, namely, Bharat Chaudhary @ Bharat Kumar
Chaudhary, Gama Chaudhary (in Cr. Misc. No. 8928 of
2011), Ashok Choudhary, Jitendra Chaudhary, Raju @ Raj
Kumar Chaudhary and Bhola Chaudhary (in Cr. Misc. No.
15448 of 2011) 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 Bhawanipur P.S. Case
No. 47 of 2010 to the satisfaction of Chief Judicial
Magistrate, Siwan.
AKV/- ( Hemant Kumar Srivastava,J.)