Mithlesh Chaudhary And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57862 of 2018 Arising Out of PS.Case No. -86 Year- 2015 Thana -DELHA District- GAYA ======================================================

1. Mithlesh Chaudhary

2. Ravi Kumar @ Ravi Kumar Choudhary, Both S/o Vigan Chaudhari, resident of Village- Delha Malgodam, P.S. Delha, District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vinod Kumar For the Opposite Party/s : Mr. Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-10-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 341, 323, 337, 338, 307, 353, 435, 427, 379 of the Indian Penal Code.

The prosecution case, in brief, is that after postmortem, when dead bodies of two persons were brought, the anti-social elements of the locality became enraged and set fire in the bus of the informant and also brick batted, resultantly, the informant sustained injury.

It has been submitted on behalf of the petitioners that there is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been made accused in this case

Patna High Court Cr.Misc. No.57862 of 2018 (2) dt.10-10-2018 due to mistake of fact. The petitioners are not named in the FIR. Their name has come in course of investigation. The petitioners are alleged to be the persons who were protesting against the murder which had taken place in the village. Two F.I.Rs. have been instituted for the same occurrence. In that case, the petitioners have already been granted anticipatory bail. General and omnibus allegation has been made against the petitioners. On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Delha P.S. Case No. 86 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V./- U T