Suraj Chaudhary @ Suraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16398 of 2024 Arising Out of PS. Case No.-108 Year-2023 Thana- LACHHUAR District- Jamui ====================================================== Suraj Chaudhary @ Suraj Kumar S/o Shree Firangi Chaudhry, R/o- At & P.O.- Lachhuar, P.S.- Lachhuar, District-Jamui. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sitaram Prasad, Advocate.
For the Opposite Party/s :
Mr. Sanjay Kumar Tiwary, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 19-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Lachhuar P.S. Case No.5799057230108 (108 of 2023) instituted under Sections 341, 323, 307, 353, 427 & 34 of the Indian Penal Code.
3. As per the prosecution case, the Police team got information about carrying illegal article on Scorpio vehicle. After getting information the Police team arrived near Janam Sthan, they saw a vehicle coming towards them which was driven by Rohit Kumar and the petitioner was sitting in the side seat. When Police team tried to stop them, they rush their vehicle dashing and rubbing police vehicle, due to which one Police member got thrown in the side and two Police member
Patna High Court CR. MISC. No.16398 of 2024(2) dt.19-03-2024 2/3 got injured in the incident.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case on the basis of suspicion only. He further submits that the petitioner has no concern with the co-accused Rohit Kumar who was alleged driver of the vehicle in question. Learned counsel submits that the petitioner is a student, having no criminal antecedent. He further submits that petitioner has also no concern with the Scorpio vehicle in question. Learned counsel for the petitioner further submits that the F.I.R. has been filed with delay which creates the prosecution story doubtful. He further submits that there is no incriminating material found against the petitioner.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned Chief Judicial Magistrate, Jamui in connection with
Patna High Court CR. MISC. No.16398 of 2024(2) dt.19-03-2024 3/3 Lachhuar P.S. Case No.5799057230108 (108 of 2023), subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
(Sunil Dutta Mishra, J) Ritik/- U T