IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4575 of 2009 SATYA NARAYAN CHAUDHARY, Son of Late Ram Briksh Chaudhary, Resident of Village- Rediya, P.S.- Kargahar(Baurahari), District- Rohtas at Sasaram…………………………………………………………Petitioner. Versus The State of Bihar……………………………………………….Opposite Party. ----------- For the petitioner: Mr. Rameshwar Singh, Advocate. For the State : Mr.Ranjeet Choubey, A.P.P. ------------ -With- Cr.Misc. No.4853 of 2009 MANOJ CHAUDHARY, Son of Ashpati Chaudhary, resident of Sahu Radia, P.S. Kargarhar, District- Rohtas……………………………………..Petitioner. Versus The State of Bihar………………………………………………..Opposite Party. ----------- For the petitioner : Mr. Ashwini Kumar Rai, Advocate. For the State : Mr. Ranjeet Choubey, A.P.P. ----------- -With- Cr.Misc. No.5191 of 2009 1. Ashok Choudhary, Son of Late Bideshi Choudhary. 2. Munna Choudhary, Son of Ash Muni Choudhary. Both resident of Village-Radia, Police Station- Kargahar(Barahari), District- Rohtas…………………………………………………….Petitioners. -Versus- The State of Bihar………………………………………………….Opposite Party. ----------- For the petitioners: M/S. Alamdar Hussain, Sr. Advocate and Syed Asgher Najmi, Advocates. For the State : Mr. Ranjeet Choubey, A.P.P. ------------ 4. 20.04.2009. Cr. Misc. No. 4575 of 2009 filed by Satya Narayan Chaudhary, Cr. Misc. No.4853 of 2009 filed by Manoj Chaudhary and Cr. Misc. No.5191 of 2009 filed by Ashok Choudhary and Munna Chaudhary have been taken up together as they arise out of the same Kargahar P.S. Case No. 157 of 2008 registered under Sections 302, 379,201,120(B) and other allied Sections of the Penal Code as also Section 27 of the Arms Act and having been heard together is being - 2 - disposed of by this common order. The allegation against the petitioners is that as Ash Narayan Choudhary, the husband of the informant, went to collect water from the Hand Pump situated in “Angan” of accused Ashok Choudhary, the said Ashok Choudhary bolted the exist door and thereafter he alongwith co-accused Prem Chand Choudhary, Munna Choudhary, Manoj Choudhary and Guddi assaulted Ash Narayan Choudary with stones and Lathi and the occurrence was seen by Binod Kumar who rushed to inform his mother (the informant) and she rushed out of the house and started shouting for help but none came. Later on, the sound of three gun fire was heard and the accused persons were seen fleeing away. The cause of occurrence is attributed to dispute over landed property. The common submission advanced by the learned counsels is that the informant is not an eye witness to the occurrence and the prosecution story is based upon the information given to her by her son Binod Kumar and that all the accused persons have been implicated due to the enmity admittedly existing between the parties. It has also been submitted that no specific allegation of commission of any overt act has been attributed to the petitioners save and except the assault by Lathi. The fact which emerges from the materials available is that the deceased was restricted within the Angan of accued Ashok Choudhary and assaulted with Lathi. The genesis of the occurrence attributed to the dispute over land related matters is sufficient to invite - 3 - the wrath of the other brothers is a plausible cause for the deceased to be beaten to death. That apart the post mortem report clearly attributes the cause of death to the nine injuries found on the person of the deceased which were caused by hard and blunt substance. Petitioner Satya Narayan Choudhary is not named in the fardbeyan of the informant and his name subsequently cropped-up in her further statement. The further statement of the informant, her son and daughter as available in paragraph nos. 18, 19 and 20 of the case diary clearly indicate the participation and complicity of all these petitioners in causing the death of Ash Narayan Choudhary and I see no compelling reason to enlarge any of these petitioners on bail. The prayer for bail of all the petitioners of the three cases is, accordingly, rejected. U.K. (Abhijit Sinha,J)