Deepak Chaudhary @ Deepak Kumar Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12623 of 2017 Arising Out of PS.Case No. -19 Year- 2016 Thana -PIYAR District- MUZAFFARPUR ====================================================== Deepak Chaudhary @ Deepak Kumar Chaudhary Son of Asharfi Chaudhary Resident of Village - Bakhari, P.S. - Gaighat, District - Muzaffarpur. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Hari Kishore Thakur, Advocate. For the Opposite Party/s : Mr. Ajeet Kumar, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-03-2017 Heard learned counsel for the petitioner and the learned APP for the State.
The petitioner is apprehending his arrest in connection with Piar P.S. Case No. 19 of 2016 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 332, 353, 504 and 506 of the Indian Penal Code.
It has been submitted on behalf of the petitioner that as a matter of fact there was no criminal intention of the petitioner. One murder took place and the local persons including the petitioner were protesting against the police highhandedness. Even in the F.I.R., there is no specific allegation alleged against the petitioner.
Heard the learned APP also.
Having heard both sides, considering the facts and
Patna High Court Cr.Misc. No.12623 of 2017 (2) dt.30-03-2017 2/2 circumstances of the case and in view of the fact that there is no specific allegation alleged against the petitioner, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-cum-Sub Judge 5th, Muzaffarpur in connection with Piar P.S. Case No. 19 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioner shall cooperate in the investigation and make himself available as and when required by the police and on the event of failure on his part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.
(Vinod Kumar Sinha, J) Mishra/- U T