Bijay Chaudhary @ Vijay Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18286 of 2024 Arising Out of PS. Case No.-51 Year-2023 Thana- UPHARA District- Aurangabad ====================================================== Bijay Chaudhary @ Vijay Chaudhary Son of Krishna Chaudhary Resident of Village- Mai, P.S.- Rafiganj, Dist.- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surendra Prasad Singh For the Opposite Party/s :

Mr. Mohammed Arif For the Informant :

Mr. Akhilesh Kumae Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-04-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State along with learned counsel appearing on behalf of the informant.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 504, 354A, 363 and 34 of the Indian Penal Code read with Section 8 of the POCSO Act.

3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and has been falsely implicated in the instant case by the informant. It is further submitted that Dhananjay Chaudhary and Sonu Kumar had moved this Court seeking anticipatory bail by filing Criminal Miscellaneous No. 13163 of 2024 and the same was allowed by an order dated 18.03.2024. It is next submitted that the case of the petitioner if not akin is similar to the case of Dhananjay Chaudhary and Sonu Kumar, as such, based on parity seeks

Patna High Court CR. MISC. No.18286 of 2024(2) dt.02-04-2024 2/2 anticipatory bail. It is further submitted that informant is sisterin-law (Sali) of the petitioner.

4. Learned A.P.P. for the State along with learned counsel appearing on behalf of the informant opposes the prayer for anticipatory bail of the petitioner.

5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Upahara P.S. Case No. 51 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

6. However, the informant would be at liberty to file an application seeking cancellation of the anticipatory bail granted to the petitioner in the event if the informant and the petitioner are not related.

(Satyavrat Verma, J) Rishabh/- U T