Shankar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26142 of 2019 Arising Out of PS. Case No.-380 Year-2018 Thana- GAYA MUFASIL District- Gaya ====================================================== 1.

Shankar Chaudhary, Son of Bigan Chaudhary, Resident of Village - Malsa, P.S.- Muffasil, Distt - Gaya.

2.

Vijoy Chaudhary @ Vijay Chaudhary, Son of Prashadi Chaudhary, Resident of Village - Malsa, P.S.- Muffasil, Distt - Gaya. 3.

Govind Chaudhary, Son of Bigan Chaudhary, Resident of Village - Malsa, P.S.- Muffasil, Distt - Gaya.

4.

Naresh Chaudhary, Son of Harischandra Chaudhary @ Harichand Chaudhary, Resident of Village - Malsa, P.S.- Muffasil, Distt - Gaya. 5.

Pintu Chaudhary, Son of Butai Chaudhary, Resident of Village - Malsa, P.S.- Muffasil, Distt - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar For the Opposite Party/s :

Mr.Raj Kishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 23-04-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Muffasil P.S. Case No. 380 of 2018 registered under Sections 341, 323, 332, 333, 385, 384, 379, 353, 283 and 308/34 of the Indian Penal Code.

The accusation is that in course of petrolling duty informant and other police officials received information from a person to the effect that villagers of Malsa village forcibly realizing the donation. Thereafter, informant and other police officials reached

Patna High Court CR. MISC. No.26142 of 2019(2) dt.23-04-2019 2/2 there then one boy disclosing his name Abid Khan made complaint that while two cows were being carried on pickup van, the pickup van was stopped by villagers Malsa forcibly for donation then he gave Rs.200/- but they started to assault him and snatched Rs.1500/- for his pocket. The police personal identified 17 persons including the petitioners indulged realizing donation forcibly. Learned counsel for the petitioners submits that while the petitioners are named in the F.I.R. but no specific overt act has been attributed against them. Further submission is that petitioners have no criminal antecedent except Muffasil P.S. Case No. 303 of 2017.

Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya, in connection with Muffasil P.S. Case No. 380 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T