Bishambhar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8444 of 2023 Arising Out of PS. Case No.-788 Year-2022 Thana- NAGAR District- Vaishali ====================================================== 1.

Bishambhar Choudhary S/O Ram Dayal Choudhary Resident of VillageJadhua Barai Tola, P.S.- Industrial Area, District- Vaishali. 2.

Aman Kumar S/O Sanjay Kumar Chaudhary @ Sanjay Chaurasiya Resident of Village- Jadhua Barai Tola, P.S.- Industrial Area, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pranav Kumar Jha For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-04-2023 Heard both parties.

The petitioners apprehend their arrest in Hajipur Town P.S. Case No. 788 of 2022, registered for the offences punishable under Sections 379, 323 and other allied sections of the Indian Penal Code.

As per the prosecution case, petitioners along with coaccused persons scuffled with the police force and tried to get released the arrested accused Sanjay Choudhary of Industrial Area PS Case No. 50 of 2022 from the police custody. The accused persons also snatched supplementary case diary of the case from the informant.

It is submitted by the counsel for petitioners that

Patna High Court CR. MISC. No.8444 of 2023(2) dt.24-04-2023 2/2 petitioners have been made accused in this case because petitioners are brother and son of accused Sanjay Choudhary. Counsel for State however vehemently opposed the prayer for bail and submitted that there is specific and direct allegation of commission of assault upon the police party. Considering the fact that alleged occurrence has taken place in the court premises and due to commission of assault by the petitioners and others informant and other police personnel sustained injuries, I am not inclined to enlarge the petitioners above-named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Singh, J) vinita/- U T