Vijay Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33932 of 2019 Arising Out of PS. Case No.-569 Year-2018 Thana- SAKRA District- Muzaffarpur ====================================================== 1.

Vijay Chaudhary, Son of Rajendra Chaudhary, Resident of Village - Manohar Patti, P.S.- Sakra, Distt - Muzaffarpur. 2.

Ajay Chaudhary @ Abhay Chaudhary, Son of Rajendra Chaudhary, Resident of Village - Manohar Patti, P.S.- Sakra, Distt - Muzaffarpur. 3.

Manjay Chaudhary @ Sanjay Chaudhary, Son of Rajendra Chaudhary, Resident of Village - Manohar Patti, P.S.- Sakra, Distt - Muzaffarpur. 4.

Rajendra Chaudhary, Son of Late Munshi Chaudhary, Resident of Village - Manohar Patti, P.S.- Sakra, Distt - Muzaffarpur. 5.

Nagendra Chaudhary, Son of Late Munshi Chaudhary, Resident of Village - Manohar Patti, P.S.- Sakra, Distt - Muzaffarpur. 6.

Vikash Chaudhary, Son of Yogendra Chaudhary, Resident of Village - Manohar Patti, P.S.- Sakra, Distt - Muzaffarpur. 7.

Raj Kumar Chaudhary, Son of Hira Chaudhary @ Harinandan Chaudhary, Resident of Village - Manohar Patti, P.S.- Sakra, Distt - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Jha For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 23-05-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Sakra P.S. Case No. 569 of 2018, registered under Sections 147, 148, 149, 341, 323, 307, 427, 353, 504 and 506 of the Indian Penal Code.

The accusation is that on 15.12.2018 informant

Patna High Court CR. MISC. No.33932 of 2019(2) dt.23-05-2019 2/3 along with other police officials proceeded for recovery of victim in connection with Sakra P.S. Case No. 568 of 2018 at the house of Vijay Chaudhary (petitioner no.1) at village Manoharpatti and recovered the victim with the help of lady Choukidar. After arrest of accused, Bishal Kumar, they proceeded with victim towards police station then 27 persons named in the F.I.R. including the petitioners along with others having lathi, danda, rod, bricks and stones blocked the road and attacked at the police team and forcibly took the victim and accused, in which, Suresh Singh sustained injury. Thereafter, Suresh Singh was rushed to Referal Hospital, Sakra, from where, he was referred to S.K.M.C.H, Muzaffarpur for treatment.

Learned counsel for the petitioners submits that while the petitioners are named in the F.I.R. but no specific overt act has been attributed against them. It is further submitted that co-accused, Pramila Devi and others have already been granted privilege of pre-arrest bail by a Bench of this Court vide order dated 11.04.2019 passed in Criminal Misc. No. 23250 of 2019.

Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the

Patna High Court CR. MISC. No.33932 of 2019(2) dt.23-05-2019 3/3 event of their arrest or surrender before the learned Court below within a period of six weeks from today, 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 A.C.J.M.-IV, Muzaffarpur, in connection with Sakra P.S. Case No. 569 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T