Shatrughan Choudhary @ Shatrughan Baitha And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8026 of 2019 Arising Out of PS. Case No.-326 Year-2018 Thana- RIGA District- Sitamarhi ======================================================

1. SHATRUGHAN CHOUDHARY @ SHATRUGHAN BAITHA, s/o. Kanshu Chaudhary @ Kanshu Baitha

2. Neelam Devi Wife of Shtrugan Choudhary @ Shaturghan Baitha

3. Vijay Kumar Choudhary alias Vijay Baitha Son of Ram Pukar Chaudhary

4. Upendra Thakur Son of Babu Lal Thakur All Resident of Village - Sangram Fandah, PS Riga, Dist. Sitamarhi ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjeet Kumar Mishra For the Opposite Party/s :

Mr.Pancha Nand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 13-02-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 147, 148, 149, 341, 342, 323, 307, 332, 333, 353, 337, 338, 427, 120-B, 504, 506 IPC registered in connection with Riga P.S. Case No. 326 of 2018.

3. It is submitted that the petitioners have been falsely implicated and the FIR is against as many as 15 named and 300-400 unknown persons. The petitioners merely happened to be in the vicinity and the accusations are general and omnibus in nature without any specific accusation attributed to the petitioners. The petitioners claim clean antecedents.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned CJM, Sitamarhi in connection with Riga P.S. Case No. 326 of

Patna High Court Cr.Misc. No.8026 of 2019(3) dt.13-02-2019 2/2 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions: i. That one of the bailors shall be a close relative of the petitioners. ii. That the petitioners shall not indulge in any similar offence till conclusion of the trial.

iii. That the petitioners shall co-operate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

iv. The petitioner nos. 1, 3 and 4 shall remain physically present and petitioner no. 2 shall be well represented in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.

Chandran/- (Vikash Jain, J) U T