Awadhesh Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19386 of 2022 Arising Out of PS. Case No.-399 Year-2020 Thana- GRIYAK District- Nalanda ====================================================== Awadhesh Chaudhary Son of Prabhu Chaudhary Resident of Village - Lahuar, P.s.- Rajgir, Distt.- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar No.1 For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Giriyak P.S. Case no. 399 of 2020 instituted for the offence under Sections 147, 148, 149, 353, 379, 427, 504 of the Indian Penal Code, Section 56 of Bihar Mineral (Concession, Illegal, Mining, Transportation, Storage) Act 2019 and Rule 4/12 of M.M. (D.R.) Act 1957.

As per allegation in the FIR, on seeing the police, the accused persons attempted to flee away along with tractor which was caught after chasing. It is further alleged that during course of bringing the vehicle to police station, on the way, 10 to 15 persons including petitioner surrounded the tractor and started pelting stones on police officials. They succeeded in forcibly taking away

Patna High Court CR. MISC. No.19386 of 2022(2) dt.20-09-2022 2/2 the vehicle.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in the case due to ulterior motive. It is further submitted that the petitioner is not the owner and drive of the said vehicle. He has got no criminal antecedent. Learned APP appearing for the state has opposed the prayer of anticipatory bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Giriyak P.S. Case no. 399 of 2020, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda, subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/aman U