PATNA, India, June 18 -- Patna High Court issued the following order on May 18:
1. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in a case in connection with Kochas P.S. Case No. 09 of 2026 registered for the offences punishable under Sections 115(2), 126(2), 117(2), 109, 281, 351, 352 and 3(5) of the BNS.
3. As per the prosecution case, petitioners being a member of an unlawful assembly have assaulted upon the informant and his family members due to which one Subhash Chaudhary, wife of the informant namely, Heerajhari Devi, his son, Ravikant Chaudhary and grandson Gautam Patel received severe injuries.
4. Learned counsel for the petitioners have submitted that there is general and omnibus allegation against the petitioners. It has further been submitted that the present case is nothing but a counterblast to the case lodged by petitioner no. 1 against the prosecution party which was lodged vide Kochas P.S. Case No. 08 of 2026 and that too was registered against the prosecution party, one of the offence being under section 109 BNS. It has been further submitted that the occurrence took place suddenly without any pre meditation to kill. It has further been submitted that there is prosecution party were aggressors. Lastly it has been submitted that petitioners nos. 2, 3 and 6 have got no criminal antecedent while petitioner nos. 1, 4, 5, 7 and 8 are concerned, they have been accused in one other case, in which they are on bail.
5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioners.
6. Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 10,000/- (Rupees Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned court concerned, in connection with Kochas P.S. Case No. 09 of 2026, subject to conditions as laid down under section 482(2) of the B.N.S.S.
7. The application stands allowed.
Disclaimer: Curated by HT Syndication.