Vijay Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22998 of 2023 Arising Out of PS. Case No.-305 Year-2022 Thana- TEKARI District- Gaya ====================================================== 1.

VIJAY CHAUDHARY Son of Late Chandra Bali Choudhary Resident of village-Matai, P.S.-Tekari, District-Gaya 2.

ARUN CHAUDHARY @ ARJUN CHAUDHARY Son of Late Chandra Bali Choudhary Resident of village-Matai, P.S.-Tekari, District-Gaya ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dev Kumar Pandey For the Opposite Party/s :

Mr. Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-05-2023 Heard learned senior counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 325, 307, 353, 337, 338 and 427 of the Indian Penal Code and Section 45 of the Bihar Excise Act.

The informant alleges that on 29.05.2022 while he along with other police personnel were on patrolling duty, a raid was conducted at the house of one Dilwale Choudhary in village Matai and while returning when they arrived near Matai transformer when forty persons indulged in pelting stones and bricks with an intention to kill him. It is next alleged that local Chowkidar identified fourteen persons and twenty unknown were also recognized out of which two persons, Mical Jackson and Yogendra Kumar were apprehended. Learned senior counsel for the petitioners, Shri Krishna

Patna High Court CR. MISC. No.22998 of 2023(2) dt.15-05-2023 2/2 Prasad Singh, submits that the petitioners are persons with clean antecedent.

Learned counsel for the petitioners submits that the petitioners were not apprehended from the spot, it is next submitted that the allegation is general and omnibus in nature when, admittedly, the petitioners are person with clean antecedent. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Tekari P.S. Case No. 305 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) HarshPandey/- U T