Rajgir Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6077 of 2016 Arising Out of PS.Case No. -78 Year- 2015 Thana -GURARU District- GAYA ===================================== Rajgir Chaudhary, Son of Babu Ram Chaudhary, Resident of village - Bahabalpur, Police Station - Guraru, District - Gaya.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar, Adv. For the Opposite Party/s : Mr. Dasrath Mehta (A.P.P.) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 24-02-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Guraru P.S. Case No.78 of 2015, disclosing offences under Sections 147, 148, 149, 341, 342, 323, 324, 353, 337, 427, 307, 188, 504, 506, 109 and 115 of the Indian Penal Code and Section 27 of the Arms Act. Allegedly, the petitioner and several others, named in the First Information Report, obstructed the police party from taking away the dead-body of the

Patna High Court Cr.Misc. No.6077 of 2016 (2) dt.24-02-2016 2/3 deceased for postmortem and they indulged in brickbatting and stone pelting. They are said to have damaged the public property.

Learned counsel for the petitioner submits that similarly situated co-accused persons have been granted the privilege of anticipatory bail by this Court vide order dated 07.01.2016, passed in Cr. Misc. No.412 of 2016, and order dated 14.01.2016, passed in Cr. Misc. No.57384 of 2015.

Considering the facts and circumstances of the case and the submission that other similarly situated coaccused persons have been granted the privilege of anticipatory bail, this application is allowed. Let the petitioner, abovenamed, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Shri Jyoti Prakash, learned Judicial Magistrate, Gaya, in connection with Guraru P.S. Case No.78 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as

Patna High Court Cr.Misc. No.6077 of 2016 (2) dt.24-02-2016 3/3 the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Praveen-II/- U T