Upendra Chaudhary @ Upendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3776 of 2020 Arising Out of PS. Case No.-187 Year-2018 Thana- UCHKAGAON District- Gopalganj ====================================================== UPENDRA CHAUDHARY @ UPENDRA KUMAR Son of Mukti Chaudhary @ Mukit Chaudhari Resident of Village - Bairiya Dhodhan, P.S. - Uchkagaon, District - Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar Pandey No.5 For the Opposite Party/s :
Mr. Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-09-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.
Heard the learned counsel for the petitioner and Shri Ashok Kumar, learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Uchkagaon P.S. Case No. 187 of 2018 (GR No. 3154/2018) for the offence registered under Sections 147, 148, 149, 341, 323, 324, 307, 427, 379, 504 and 506 of the Indian Penal Code. The allegation is regarding the accused persons including the petitioner herein having arrived at the house of the informant and after entering into the house, they had engaged in assaulting
Patna High Court CR. MISC. No.3776 of 2020(4) dt.16-09-2020 2/3 the members of the prosecution party resulting in infliction of injuries on the members of the prosecution party. The learned counsel for the petitioner has submitted that the petitioner is innocent and he has been falsely implicated in the present case. It is further submitted that a general and omnibus allegation has been levelled qua the petitioner herein. Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.
Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the fact that a general and omnibus allegation has been levelled against the petitioner herein, I deem it fit and proper to admit the petitioner to the privilege of anticipatory bail, however, subject to certain conditions.
Accordingly, the petitioner, above named, is directed to be released on anticipatory bail in the event of his arrest/surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-IX, Gopalganj in connection with Uchkagaon P.S. Case No. 187 of 2018 subject to the
Patna High Court CR. MISC. No.3776 of 2020(4) dt.16-09-2020 3/3 conditions as stipulated under Section 438(2) of the Code of Criminal Procedure.
It is further directed that the petitioner would mark his attendance before the Officer In-Charge of the concerned Police Station at 10:00 A.M. on every Monday of the week and in the event of his failure to do so on two consecutive occasion, the present privilege of bail shall stand cancelled automatically and the petitioner shall be taken into custody forthwith. (Mohit Kumar Shah, J) S.Sb/- U T