Hareram Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15343 of 2023 Arising Out of PS. Case No.-205 Year-2021 Thana- JANDAHA District- Vaishali ====================================================== 1.

Hareram Chaudhary S/o Shri Suresh Kumar Chaudhary R/o villageKarnauti, P.S.- Mahnar, Distt- Vaishali. 2.

Vikash Pathak @ Vikash Kumar S/o Shri Gunjan Mishra @ Dayanand Pathak, R/o village- Karnauti, P.S.- Mahnar, Distt- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gyaneshwar Govind, Advocate Mr. Chandan Kr. Roy, Advocate Mr. Prashant Raj, Advocate Mr. Atul Kumar, Advocate For the Opposite Party/s :

Mr. Pramod Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-05-2023 Heard learned counsels for the petitioners and the State.

Petitioners apprehend arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 332, 353, 283, 290, 504, 506, 427 of the Indian Penal Code. Prosecution case is that on 18.09.2021 at about 10:00 AM, informant got the information that in protest of murder of a minor girl, 200-250 people have blocked NH-322 near Gandhi Chowk, Jandaha and are creating nuisance. Thereafter, the police personnel reached the place of occurrence where he saw that a lot of people armed with lathi, danda were raising anti-

Patna High Court CR. MISC. No.15343 of 2023(2) dt.18-05-2023 2/2 administrative slogans and thereafter, the mob attacked the police personnel causing injury to some of them. Learned counsel appearing for the petitioners submits that petitioners are innocent and have falsely been implicated in the present case. They were only passing from the place of protest and were not part of the said mob. It is further submitted that allegation against the petitioners is general and omnibus and there is no specific overt act against them. Considering the nature of allegation, this anticipatory bail is allowed and it is ordered that the above named petitioners in the event of their arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs.

10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of court below where the case is pending in connection with Jandaha P. S. Case No. 205 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.