Kamlesh Choudhary And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50434 of 2018 Arising Out of PS.Case No. -284 Year- 2016 Thana -DIGHA District- PATNA ======================================================

1. Kamlesh Choudhary, Son of Late Lakhan Choudhary,

2. Santu Thakur,

3. Dablu Thakur,

4. Ravi Kumar, All are son of Mahendra Thakur @ Mahesh Sharma,

5. Amarjet Kumar @ Amarjeet Rai, Son of Dinanath Rai,

6. Guddu Rai, Son of Ramdeyal Rai,

7. Ramnath Rai, Son of Ramchandra Rai, All are residents of Gate No.93, Bans Kothi, Police Station- Digha, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Akhauri Kamal Kishore Sahay For the Opposite Party/s : Mr. Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-08-2018 Heard the parties.

The petitioners seek pre-arrest bail in Digha P.S.Case No.284 of 2016 registered for the offence under Sections 147, 148, 323, 224, 225, 353 and 379 of the Indian Penal Code. Allegation as per the F.I.R. is that the police went to the village for arresting a warrantee and when after arresting they were coming back the petitioners and several other accused persons gheraoed jeep and in the meantime warrantee fled away. Submission of the learned counsel for the petitioner is that there is nothing specific attributed to the petitioner and several accused persons are named and unnamed in this case.

Patna High Court Cr.Misc. No.50434 of 2018 (2) dt.31-08-2018 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks from today, be released on bail on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Patna, in Digha P.S.Case No.284 of 2016 subject to the conditions as laid down under Section 438(2) of Cr.P.C. and (1) one of the bailors must be a local person having sufficient immovable property within the jurisdiction of the concerned court. (ii) the petitioners will not induce any witness or tamper with the evidence and the petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the police, otherwise, the prosecution is free to move for cancellation of their bail bonds.

(Vinod Kumar Sinha, J) AnilKrSinha/- U