Munna Chaudhary @ Munna Kumar Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25117 of 2020 Arising Out of PS. Case No.-10 Year-2020 Thana- SARE District- Nalanda ====================================================== 1.
Munna Chaudhary @ Munna Kumar Chaudhary, S/o Suresh Chaudhary. 2.
Pappu Chaudhary S/o Suresh Chaudhary.
3.
Suresh Chaudhary S/o Late Ganga Chaudhary 4.
Surendra Chaudhary S/o Late Ganga Chaudhary 5.
Subodh Chaudhary S/o Surendra Chaudhary 6.
Nageshwar Chaudhary S/o Late Baso Chaudhary All resident of Village-Jirainpar, P.S.-Sare, District-Nalanda. ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Devendra Kumar Sinha, Senior Advocate Mr. Pramod Kumar Sinha, Advocate For the Opposite Party :
Mr. Ram Naresh Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 06-11-2020 Heard Mr. Devendra Kumar Sinha, learned senior counsel for the petitioners and Mr. Ram Naresh Roy, learned Additional Public Prosecutor for the State through video conferencing.
2. The petitioners seek pre-arrest bail in connection with Sare P.S. Case No.10 of 2020 registered under Sections 147, 148, 307, 379, 427, 448, 504 and 506 of the Indian Penal Code.
3. It is submitted by learned senior counsel appearing for the petitioners that the present case is counter blast of SC/ST
2/3 P.S. Case No.4 of 2020 registered on the basis of written report of petitioner no.1 Munna Kumar Chaudhary. It is further contended that there is general and omnibus allegation against the petitioners and the specific allegation of assault is against co-accused Mukesh Kumar. All the injuries sustained by the informant are simple in nature except one. It is also contended that co-accused Yogendra Kumar Mastana and Usha Kiran whose case is on identical footing to that of the petitioners have already been granted pre-arrest bail by the court below itself vide order dated 24.06.2020 passed in ABP No.631 of 2020.
4. Learned Additional Public Prosecutor appearing for the State has opposed the application for grant of pre-arrest bail to the petitioners.
5. Considering the nature of allegation made against the petitioners, the pleadings made in the application and the submissions advanced at the Bar, the petitioners are directed to be released on bail, in the event of their arrest or surrender, on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nalanda at Bihar Sharif in connection with Sare P.S. Case No.10 of 2020 subject to the conditions as laid down under Section 438(2) of the Code of
3/3 Criminal Procedure.
6. Since the court proceedings are being conducted through virtual mode and normal court functioning has not been restored till date, it is considered appropriate to adopt the following procedure for communication of the present order:- (i) The order, which has been dictated during the course of proceeding of the virtual court, shall be communicated to me on my e-mail by the Sr.
Secretary.
(ii) The corrected copy of the order shall be transmitted by me from my e-mail id to the Sr. Secretary, which shall be treated to be an authentic copy of the order passed by this Court in the present proceeding. (iii) Hard copy of the order duly signed by me shall be preserved in my residential office for documentation and future use, if any.
(iv) Let steps be taken by the Sr. Secretary/registry for uploading of the present order without compromising with the norms of social distancing.
sanjeet/- (Ashwani Kumar Singh, J.) U T