Anil Kumar Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36149 of 2024 Arising Out of PS. Case No.-101 Year-2003 Thana- BRAHMPURA District- Muzaffarpur ====================================================== Anil Kumar Chaudhary Son of Ram Araj Chaudhary Wrongly mentioned in F.I.R as Late Ram Rag Chaudhary, Aadhar- 2090 7899 2906. Resident of Mahatma Gandhi Nagar, Kanti Factory, In Front of R. N. Enclave, Kankarbagh, Sampatchak, Lohia Nagar, Patna- 800020, Permanent Resident of Village- Bishunpur, P.S- Kanti, P.O- Singar Phulkahan, Dist- Muzzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Verma For the Opposite Party/s :
Mr. Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-08-2024
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 187, 188, 190, 332, 337, 338, 307, 342, 379, 353 and 427 of the Indian Penal Code, Section 8(i) of the Bihar Maintenance of Public Order Act, 1949 and Sections 3 and 4 of the Prevention of Damage to Public Property Act, 1984.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that one person died as he was dashed by a bus, accordingly, informant reached the place of occurrence and saw
Patna High Court CR. MISC. No.36149 of 2024(2) dt.30-08-2024 2/3 that a mob had gathered and were indulging in vandalism, loot and even put some buses on fire, further pelted stones at the force.
4. Learned counsel for the petitioner submits that from perusal of the allegation as alleged in the FIR, it would manifest that the FIR was instituted against a mob and petitioner was not named in the FIR. It is next submitted that petitioner was not even aware that he has been implicated in the instant case and came to know about his implication only when nonbailable warrant of arrest was issued in the year 2023. It is next submitted that the FIR was instituted against 16 named persons and 200-215 unknown.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his 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) 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 Brahampura P.S.
Patna High Court CR. MISC. No.36149 of 2024(2) dt.30-08-2024 3/3 Case No. 101 of 2003 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
7. Accordingly, the instant anticipatory bail application stands allowed.
(Satyavrat Verma, J) Rishabh/- U T