Patna High CourtCR. MISC./34681/2023bail granted

Anil Choudhary v. The State Of Bihar

2023-07-27Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34681 of 2023 Arising Out of PS. Case No.-250 Year-2023 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== 1.

ANIL CHOUDHARY S/O LATE DAROGI CHOUDHARY R/O VillageSabji Chowk, Pasi Tola, P.S.-Barari, Dist.-Bhagalpur 2.

MANOJ KUMAR @ CITY KUMAR S/O ANIL CHOUDHARY R/O Village- Sabji Chowk, Pasi Tola, P.S.-Barari, Dist.-Bhagalpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pankaj Kumar , Advocate For the Opposite Party/s :

Mr. Asha Devi , Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-07-2023 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 147, 149, 341, 323, 332, 353, 188, 504 and 506 of the Indian Penal Code.

3. As per the prosecution case, a special team for recovery of illegal liquor was formed by the Excise Department, Bhagalpur and a raid was conducted at Piplidham Pasi Tola where all the seven FIR named accused persons including these petitioners and 20-25 unknown persons are alleged to have blocked the road and they were raising slogans against the administration and obstructed the police officials in discharge of

Patna High Court CR. MISC. No.34681 of 2023(2) dt.27-07-2023 2/2 their official duty.

4. It is submitted that there is general and omnibus allegation and no specific overt act has been alleged against this petitioners. Similarly situated co-accused persons has already granted bail by this Court vide order dated 17.07.2023 in Cr. Misc. No. 30475 of 2023. Petitioners claim clean antecedent.

5. Learned counsel for the petitioners oppose the bail petition.

6 Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhagalpur in connection with Kotwali (Barari) P.S. Case No 250 of 2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Kaushik/- U