Tullu Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20106 of 2021 Arising Out of PS. Case No.-786 Year-2020 Thana- AHIYAPUR District- Muzaffarpur ====================================================== 1.

TULLU CHAUDHARY SON OF SHOBHIT CHAUDHARY Resident of Village - Patiyasa, P.S.- Ahiyapur, Distt.- Muzaffarpur. 2.

HARISH CHANDRA PASWAN Son of Asarfi Paswan Resident of Village - Patiyasa, P.S.- Ahiyapur, Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-12-2021 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Ahiyapur P.S. Case no. 786 of 2020 instituted for the offence under Sections 147, 148, 149, 341, 323, 307, 332, 333, 353, 188, 504 and 506 of the Indian Penal Code.

Patna High Court CR. MISC. No.20106 of 2021(2) dt.17-12-2021 2/3 The prosecution story in short is that the petitioners are members of mob, who created hindrance in discharging the duty to the police officials when the police party was trying to pacify the matter as the petitioner and others have blocked the road by keeping the dead body.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. General and omnibus allegations have been levelled against them. They have no criminal antecedent. Similarly situated co-accused persons have already been allowed bail by a different co-ordinate Bench of this Court vide order dated 7.9.2021 passed in Cr. Misc. No. 7603 of 2021. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of them arrest or surrender in connection with Ahiyapur P.S. Case no. 786 of 2020, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.20106 of 2021(2) dt.17-12-2021 3/3 amount each to the satisfaction of learned CJM, Muzaffarpur subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U