Chhotu Yadav @ Niroj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8703 of 2019 Arising Out of PS. Case No.-196 Year-2018 Thana- RAFIGANJ District- Aurangabad ====================================================== Chhotu Yadav @ Niroj Kumar, Male, aged about 22 years, Son of Jagdeo Yadav, resident of village- Piprahi, P.S- Rafiganj, District- Aurangabad. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajendra Singh For the Opposite Party/s :
Mr. Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 14-02-2019 Heard learned counsel for the petitioner and learned counsel for the State.
In this case, the petitioner is seeking anticipatory bail in connection with Rafiganj P.S. Case No.196 of 2018, registered for the offence under Sections 147, 148, 149, 341, 323, 324, 353, 427, 224, 225, 307, 338, 379, 504, 333, 332 and 393 of the Indian Penal Code.
Allegation has been made that while the Police party had gone to arrest one Kedar, the accused persons surrounded the vehicle of the Police and tried to snatch away him. Further allegation has been made that the accused persons have assaulted the Police personnel by different weapons.
Patna High Court Cr.Misc. No.8703 of 2019(2) dt.14-02-2019 2/3 Learned counsel for the petitioner submits that the person against whom the warrant of arrest has been issued, was taken to the Police Station and whereafter he was sent to the judicial custody. He further submits that the entire villagers have been made accused in this case and no specific allegation has been made against the present petitioner. He also submits that there is counter case also against the Police party by way of complaint petition.
Looking to the entire facts and circumstances of the case, let the petitioner, namely, Chhotu Yadav @ Niroj Kumar, be released on anticipatory bail in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Aurangabad, in connection with Rafiganj P.S. Case no.196 of 2018, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. Further condition is that whenever the police will call the petitioner for the purposes of investigation and interrogation, he will remain present for the investigation. In the event of being absent on two consecutive dates without reasonable explanation, the Police will be at
Patna High Court Cr.Misc. No.8703 of 2019(2) dt.14-02-2019 3/3 liberty to file an application for cancellation of bail of the petitioner and the Court below will pass order in accordance with law.
(Shivaji Pandey, J) pawan/- U T