Santosh Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3135 of 2022 Arising Out of PS. Case No.-180 Year-2021 Thana- NAVINAGAR District- Aurangabad ====================================================== SANTOSH CHAUDHARY S/o Mohan Chaudhary R/o village- Janakpur Pokhara, P.S.- Nabinagar, District- Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramendra Kumar Singh For the Opposite Party/s :
Mr. Bharat Bhusban ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-07-2022 Heard learned counsel for the petitioner and the State. The petitioners apprehends their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 337, 307, 332, 333, 353, 427, 283, 188 and 504 of the Indian Penal Code read with Sections 3 and 4 of the Prevention of Damage of Public Property Act, 1984.
As per prosecution case, 76 named and 300-400 unknown persons blocked the Navinagar main road by burning tyres and pelted stones over the police. Crowd armed with weapons attacked over the police and put hindrance in discharging their official duty.
Learned counsel for the petitioner submits that from perusal of the allegation as alleged in the F.I.R. it would manifest that no specific overt act has been alleged against this
Patna High Court CR. MISC. No.3135 of 2022(2) dt.25-07-2022 2/2 petitioner. No such occurrence, in the manner, as alleged in the FIR, has ever taken place. Petitioner has got clean antecedent. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
Considering the facts and circumstances of the case and clean antecedent of the petitioner, let the petitioner abovenamed, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Aurangabad in connection with Navinagar P.S. Case No. 180 of 2021, subject to the conditions as laid down under Section 438
(2) of the Cr.P.C.
(Prabhat Kumar Singh, J) BKS/- U T