Ashok Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31474 of 2020 Arising Out of PS. Case No.-244 Year-2020 Thana- SUPAUL District- Supaul ====================================================== ASHOK CHOUDHARY S/o- Shubhak Choudhary Resident of VillageSupaul, Ward No. 02, Vidhapuri, P.S. and District- Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nafisuzzoha, Adv.

For the Opposite Party/s :

Mr. Damodar Pd. Tiwari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-01-2021 Heard Mr. Nafisuzzoha, learned counsel for the petitioner and Mr. Damodar Pd. Tiwari, Additional Public Prosecutor for the State.

2. Petitioner apprehends his arrest in connection with Supaul PS Case No. 244/2020 registered for the offence punishable under Sections 144, 149, 447, 504, 387, 379 and 308 of the Indian Penal Code.

3. The allegation, as per first informant report, is that the petitioner and his son, Manish Kumar along with 4-5 unknown persons arrived at the house of informant and demanded extortion amount of Rs. 20,000/- and it is further alleged that a golden chain from the informant was also snatched by the petitioner.

4. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged

Patna High Court CR. MISC. No.31474 of 2020(2) dt.11-01-2021 2/3 and he has falsely been implicated in this case with oblique motive. Learned counsel further submits that both the parties are close door neighbours and the allegation of snatching of golden chain is an ornamental addition. Learned counsel next submits that the fact of the matter is that the son of the petitioner, Manish Kumar along with other accused persons are in bad company and petitioner has been implicated in this case merely on the ground that he happens to be father of co-accused, Manish Kumar. Learned counsel also submits that petitioner has got no criminal antecedents.

5. Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that both the parties are close-door neighbours and petitioner has got no criminal antecedents, I am inclined to grant anticipatory bail to the petitioner.

6. Accordingly, petitioner, ASHOK CHOUDHARY shall be released on anticipatory bail, in the event of arrest or surrender within six weeks, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial MagistrateSupaul in connection with Supaul PS Case No. 244/2020, subject to the conditions as laid down under Section 438(2)

Patna High Court CR. MISC. No.31474 of 2020(2) dt.11-01-2021 3/3 CrPC.

7. It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines of social distancing.

(Anil Kumar Sinha, J) perwez U T