Manjeet Chaudhary @ Sanjeet Chaudhary @ Sanjit Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17776 of 2023 Arising Out of PS. Case No.-297 Year-2022 Thana- BELAGANJ District- Gaya ====================================================== MANJEET CHAUDHARY @ SANJEET CHAUDHARY @ SANJIT CHOUDHARY Son of Mathura Choudhary Resident of Village-Beladih and Police Station-Belaganj, District-Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manish Kumar No2, Advocate For the Opposite Party/s :
Mr.Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 25-05-2023 Heard Mr. Manish Kumar No.2, learned counsel for the petitioner and the State Mr. Jitendra Kumar Singh, learned APP for the State.
The petitioner apprehends his arrest in connection with Belaganj P.S. Case No.297 of 2022 instituted under Sections 147,148,149,188,341,323,353,307 and 504 of the Indian Penal Code lodged on 16.06.2022 by the informant Ramraj Singh.
As per the prosecution story, the informant got information that some persons are raising slogan against the "Agnipath Scheme" on N.H.-83. On this information, he along with other police official reached there and saw about 100 persons armed with Lathi-Danda, bricks raising slogans against "Agnipath Scheme" and burning tyres on the road due to which
Patna High Court CR. MISC. No.17776 of 2023(2) dt.25-05-2023 2/3 many vehicles were stuck. After much pursuasion, finally the same came to an end. Further, the accused persons were identified by the help of video clip. Accordingly, the FIR. Learned counsel for the petitioner submits that he is a student and was a passer-by saw the mob and was just an onlooker but his name has been dragged jeopardising his future. The last submission is that he do not have criminal antecedent.
Learned APP although opposes the prayer but concede that number of people have been rounded off and he do not have criminal antecedent.
Taking into account the aforesaid submissions put forward by the learned counsel for the petitioner as also fact that he do not have criminal antecedent, this Court is inclined to grant him privilege of bail.
Let the petitioner be released on bail, in the event of his arrest or surrender before the Sub-ordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each in connection with Belaganj P.S. Case No.297 of 2022 to the satisfaction of learned Additional Chief Judicial Magistrate, IVth, Gaya, subject to the
Patna High Court CR. MISC. No.17776 of 2023(2) dt.25-05-2023 3/3 conditions as laid down under Section 438(2) of the Cr.P.C. with further conditions that:
(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner will make himself available to the police as and when required in course of investigation; (iii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial court itself;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Prakash Narayan / Sunil U T