Radhey Chaudhary And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7659 of 2015 Arising Out of PS.Case No. -392 Year- 2014 Thana -BARBIGHA District- SEKHPURA ======================================================

1. Radhey Chaudhary, S/o Late Ramdev Chaudhary

2. Kari Devi, W/o Ranjit Chaudhary

3. Sumni Devi @ Sumni kumari, D/o Radhey Chaudhary

4. Muneshwari Devi, W/o Radhey Chaudhary

5. Pappu Chaudhary, S/o Tajo Chaudhary @ Tejo Chaudhary All resident of village- Mirjapur, P.S.- Barbigha, District- Sheikhpura .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar, Advocate For the Opposite Party/s : Mr. Zainul Abedin(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-02-2015 Heard learned counsel for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 149, 323, 337, 338, 353, 307, 332, 333, 504, 506, 427 of the Indian Penal Code.

It is alleged that the petitioners being the father, wife, sister, mother and co-villager of Ranjit Chaudhary tried to get him released when he was apprehended with illicit country made liquor. Due to pelting stones, the glass of the police jeep was damaged and police personnel also received injuries. It is submitted by the learned counsel for the petitioners that in fact no injury was caused to anyone.

Patna High Court Cr.Misc. No.7659 of 2015 (2) dt.26-02-2015 Accusation is omnibus and general in nature. Statement has been made in para-3 of the petition that petitioners have no criminal antecedent.

Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Sheikhpura in connection with Barbigha P.S. Case No. 392 of 2014, subject to conditions as laid down under Section 438(2) of the Indian Penal Code. The bail bonds of the petitioners shall be accepted by the learned court below on filing affidavit to the effect that they will cooperate during investigation. The said affidavit will be transmitted to the concerned I.O. The non-cooperation in the investigation will give liberty to the learned court below to cancel the bail bonds of the petitioners.

(Dinesh Kumar Singh, J) P.K./- U T