Birju Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23026 of 2025 Arising Out of PS. Case No.-151 Year-2017 Thana- MADHUBAN District- East Champaran ====================================================== 1.

Birju Chaudhary S/o Birbal Chaudhary R/o Village- Bishunpur Tara, P.S.- Madhuban, District- East Champaran 2.

Jagdev Chaudhary S/o Shankar Chaudhary R/o Village- Bishunpur Tara, P.S.- Madhuban, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Mr. Rajiv Nayan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 30-04-2025 Heard Learned Counsel for the petitioners and Learned APP for the State.

2. The petitioners are apprehending arrest in connection with Madhuban P.S. Case No. 151 of 2017 lodged on 18.06.2017, for the offence punishable under Sections 188, 143, 147, 148, 149, 341, 323, 324, 325, 353, 307, 504, 506 and 120B of the Indian Penal Code.

3. As per the prosecution, FIR has been lodged against 31 named and 200-300 unknown accused persons. It is alleged that they gathered together and interfered with police work.

4. Learned Counsel for the petitioners submits that the antecedents of the petitioners are clean and they have been made

Patna High Court CR. MISC. No.23026 of 2025(2) dt.30-04-2025 2/2 accused in this case because a mass mob was protesting against the accident and alleged in-action on the part of the police in saving the injured person who subsequently died. Counsel also submits that series of persons have moved before this Hon'ble Court to whom anticipatory bail has been granted by this Court vide Annexure-2 series.

5. Learned APP for the State opposes the prayer for bail of the petitioners.

6. As such, in the present facts and circumstances of this case, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) each as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of learned 4th Additional Chief Judicial Magistrate, Motihari, East Champaran, in connection with Madhubani P.S. Case No. 151 of 2017, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023.

(Dr. Anshuman, J) Neha/- U T