Sidharth Kumar @ Shidharth @ Illu @ Illu Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55950 of 2017 Arising Out of PS.Case No. -66 Year- 2017 Thana -HABIBPUR District- BHAGALPUR ======================================================

1. Sidharth Kumar @ Shidharth @ Illu @ Illu Kumar, S/o Sri Shibu Choudhary.

2. Anand Choudhary @ Anand Kuamr, S/o Sri Parma Nand Choudhary. Both R/o Karori Bazar, P.S.- Habibpur, District- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ---------- 01-12-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Habibpur P.S. Case No.66 of 2017 registered under Sections 147, 148, 149, 353, 332 and 333 of the Indian Penal Code. The accusation is that, in course of patrolling duty, in the evening of 02.08.2017, the informant alongwith other police officials raided the hotel of Shibu Choudhary at Karori Market. Thereafter, when they reached at the main road then Ramu Choudhary alongwith 25 persons, named in the F.I.R., including the petitioners and some unknown started to make protest saying

Patna High Court Cr.Misc. No.55950 of 2017 (2) dt.01-12-2017 2/3 that as to why they used to come at Karori Market to make raid against the selling of liquor regularly and due to that reason, their business of selling liquor has been stopped. Thereafter, on the order of Ramu Choudhary, the mob surrounded the informant and other police officials. In that course, Ramu Choudhary pelted bricks causing injury at the face of the informant. Illu Choudhary (petitioner no.1) caused injury to the Hawaldar Jhulan Kumar through Danda. Anand Choudhary (petitioner no.2) caused injury to the Constable Sumesh Kumar through Danda. On arrival of the police force, the informant and other police officials, anyhow, saved themselves.

Learned counsel for the petitioners submits that the petitioner no.1 is the son of Shibu Choudhary and the petitioner no.2 is also the resident of Karori Market. Both the petitioners have falsely been implicated in this case. The petitioners have no criminal antecedents.

Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-XII,

Patna High Court Cr.Misc. No.55950 of 2017 (2) dt.01-12-2017 3/3 Bhagalpur, in connection with Habibpur P.S. Case No.66 of 2017, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T