Daroga Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10539 of 2020 Arising Out of PS. Case No.-411 Year-2019 Thana- SIWAN MUFFASIL District- Siwan ====================================================== DAROGA CHAUDHARY S/o Suba Chaudhary R/o Village-Bhantapokhar, P.S.-Siwan Mufassil, District-Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satyendra Rai For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-06-2020 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor representing the State, through Video Conferencing.

This application, for grant of anticipatory bail, arises out of Siwan Mufassil Police Station Case No. 411 of 2019, disclosing offences under Sections 341/323/324/307/379/ 427/504/506/34 of the Indian Penal Code.

The prosecution case is that the co-accused persons were trying to obstruct the water line of the informant and upon objection, at the behest of the petitioner, other co-accused persons assaulted the informant and his family members. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated inasmuch as the both the parties are co-villagers and the petitioner has no concern with

Patna High Court CR. MISC. No.10539 of 2020(2) dt.23-06-2020 2/2 the dispute between the informant and other co-accused persons. He further submits that the petitioner is merely an order-giver and there is no allegation of assault upon anyone against the petitioner. He further submits that the petitioner is a senior citizen, aged about 60 years.

Having regard to the submissions made on behalf of the parties and taking into consideration the fact that the petitioner is an order-giver and there is no allegation of assault against him, I am inclined to grant the petitioner privilege of anticipatory bail.

This application is, accordingly, allowed.

Let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Siwan Mufassil Police Station Case No. 411 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √