Praveen Kumar Chaudhary @ Praveen Chaudhary @ Raja Babu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49299 of 2017 Arising Out of PS.Case No. -76 Year- 2017 Thana -SIMRIBAZAR District- DARBHANGA ====================================================== Praveen Kumar Chaudhary @ Praveen Chaudhary @ Raja Babu S/o Kewal Chaudhary, R/o Village/Mohalla- Kansi, P.S.- Simri District- Darbhanga. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Kedar Jha For the Opposite Party/s : Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 17-10-2017 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the state.
In this application for anticipatory bail the petitioner apprehends his arrest in connection with Simri P.S. Case No. 76 of 2017 for the offences punishable under sections 147, 148, 188, 447, 332, 333, 337, 338, 353, 427, 307 and 120 B of the I.P.C. The petitioner is named in the FIR along with others and unknown with the allegation that between the members of Bhogi Mishra and Raja Chaudhary altercation was going on and after arrival of the police party also they did not mend their ways and started throwing stones from the roof causing injury to the several police personnel, out of them 23 were arrested but the petitioner and others succeeded in fleeing away.
Patna High Court Cr.Misc. No.49299 of 2017 (2) dt.17-10-2017 2/2 Submission is of false implication and that no injury has been caused to any one, the petitioner was not present at the time of occurrence and he has been named only with an oblique motive, the petitioner has got no criminal antecedent and as such the petitioner deserves sympathetic consideration as now peace has been restored in the society, the arrested accused persons have already been allowed bail.
The learned A.P.P. opposes prayer for pre-arrest bail of the petitioner.
In the facts and circumstances stated above, the petitioner, in case of his arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M, Darbhanga in connection with the aforementioned case, subject to the condition as laid down under section 438 (2) of the Cr.P.C.
(Jitendra Mohan Sharma, J) Abhay/- U T