Mithilesh Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15677 of 2023 Arising Out of PS. Case No.-180 Year-2021 Thana- NAVINAGAR District- Aurangabad ====================================================== 1.

MITHILESH CHAUHAN Son of Deepnarayan Chauhan R/V- Janakpur Pokhara, P.S.- Nabinagar, District- Aurangabad (Bihar) 2.

PRAMOD CHAUDHARI Son of Prahlad Chaudhary R/V- Janakpur Pokhara, P.S.- Nabinagar, District- Aurangabad (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aman Vishal For the Opposite Party/s :

Ms.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-05-2023 At the outset, learned counsel for the petitioners submits that he wants to withdraw this petition, so far as petitioner no. 1 Mithilesh Chauhan is concerned. Accordingly, in respect of petitioner no. 1, this petition is dismissed as withdrawn.

Sole petitioner (i.e. petitioner no. 2 Pramod Chaudhari) apprehends his arrest in Navinagar P.S. Case NO. 180/2021 registered for the offence under Sections 147, 148, 149, 323, 337, 307, 332, 333, 353, 427, 283, 188, 504 of the Indian Penal Code and Section 3 / 4 of Prevention of Damage of Public Property Act, 1984.

As per the prosecution case, 76 named and 300 - 400 unknown persons blocked the Nabinagar main road by burning tyres and pelted stones over the police and thereby caused

Patna High Court CR. MISC. No.15677 of 2023(2) dt.18-05-2023 2/2 hindrance to the police party in discharge of their official duties. It is submitted on behalf of petitioners that allegation is general and omnibus. No specific overt act has been alleged against this petitioner. Similarly situated co-accused persons have already been granted anticipatory bail by this Court, vide orders annexed as Annexure 3 series.

Learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail of petitioner.

Considering the aforesaid facts and circumstances, in the event of arrest/surrender within a period of six weeks from today, let petitioner namely Pramod Chaudhari be enlarged 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, Aurangabad in connection with Navinagar P.S. Case No. 180 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

This bail application is, accordingly, disposed of. (Prabhat Kumar Singh, J) anay/- U T