Krishna Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1293 of 2020 Arising Out of PS. Case No.-67 Year-2018 Thana- NOKHA District- Rohtas ====================================================== 1.

Krishna Chaudhary S/o Sudama Chaudhary Resident of Village- Dangara Tola @ Angara Tola, P.S.- Nokhar, Distt- Rohtas. 2.

Kamlesh Chaudhary S/o Shiv Prasad Chaudhary Resident of VillageDangara Tola @ Angara Tola, P.S.- Nokhar, Distt- Rohtas. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhaneshwar Prasad Gupta, Advocate For the Opposite Party/s :

Mr.Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-02-2020 Heard learned counsel for the petitioners and learned A.P.P for the State.

The petitioners apprehend their arrest in Nokha P.S. Case No. 67 of 2018, registered for the offence punishable under Sections 147, 148, 149, 323, 307, 353, 333 and 120B of the Indian Penal Code.

It is alleged that petitioners along with 16 named and 150 to 200 unknown persons blocked the road and also obstructed the police party in discharging their official duty. It is submitted that petitioners have falsely been implicated in this case. There is general and omnibus allegation against these petitioners. Similarly situated co-accused persons have been granted anticipatory bail by a coordinate Bench of

Patna High Court CR. MISC. No.1293 of 2020(2) dt.24-02-2020 2/2 this court vide order dated 31.07.2018 passed in Cr. Misc. 35706 of 2018 (Annexure-2). Petitioners have got clean antecedent. Considering the facts aforesaid, the petitioners abovenamed in the event of their arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sasaram Rohtas in connection with Nokha P.S. Case No.

67 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure with further conditions:- (i) The petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, their bail bonds shall be liable to be cancelled by the court below.

(ii) If the petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Prabhat Kumar Singh, J) vinita/- U T