Shivchandra Chaudhri And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78811 of 2018 Arising Out of PS. Case No.-77 Year-2018 Thana- MOHIUDDIN NAGAR DistrictSamastipur ======================================================

1. Shivchandra Chaudhri, Sonof Kusheshwar Chaudhri, Resident of VillageMadudabad, P.S.- Mohiuddin Nagar, District- Samastipur.

2. Binod Chaudhri @ Vinod Chaudhary, Son of Shambhu Chaudhri, Resident of Village- Madudabad, P.S.- Mohiuddin Nagar, District- Samastipur.

3. Binod Chaudhri @ Vinod Chaudhary, Son of Shambhu Chaudhri, Resident of Village- Madudabad, P.S.- Mohiuddin Nagar, District- Samastipur. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Dilip Kumar Roy For the Opposite Party/s :

Mr.Sri Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-01-2019 Heard the parties.

The petitioners are apprehending their arrest in connection with Mohiuddin Nagar P.S.Case nO.77of 2018 , registered for offences punishable under Sections 147, 148, 149, 307, 332, 333, 341, 323, 337, 353, 427, 504 and 506 of the Indian Penal Code.

Allegation as per FIR is that the police got information that the accused persons are engaged in sale of toddy and also selling mutton as well as 60-70 persons are assembled there and when the police reached there they attacked the police party by danda and rod and brickbats. The petitioners are named in the FIR.

Patna High Court Cr.Misc. No.78811 of 2018(2) dt.11-01-2019 2/2 Submission of the learned counsel for the petitioners is that nothing has been recovered from them neither the toddy nor mutton and they have only been named in the FIR as well as nothing specific has been attributed against them and they have no criminal antecedent.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge III cum Special Judge, Excise Samastipur in connection with Mohiuddin Nagar P.S.Case no.77 of 2018 dated 19.5.2018 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure with further condition to co-operate in the investigation.

With the aforesaid direction, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T