Harishankar Prasad Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49046 of 2021 Arising Out of PS. Case No.-221 Year-2019 Thana- RIGA District- Sitamarhi ====================================================== HARISHANKAR PRASAD CHAUDHARY S/o- YUGAL PRASAD CHAUDHARY Resident of Village- Gorahi Vishanpur, P.S.- Sonbarsa, District- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Prasad Singh, Adv.

For the Opposite Party/s :

Mr.Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-04-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 341, 323 and 307/34 of the Indian Penal Code and section 27 of the Arms Act. Allegedly, the FIR named accused persons intercepted the informant and her brother in their way and tried to drag the informant in their vehicle. It is alleged that the petitioner was

Patna High Court CR. MISC. No.49046 of 2021(2) dt.28-04-2022 2/3 also present there and firing was also made by the co-accused Subh Narayan Mahto.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. The specific allegation is against the coaccused Subh Narayan Mahto to fire upon the informant's brother. Only allegation, as per the FIR against the petitioner is that he was present at the place of occurrence. Petitioner has no criminal antecedent and several similarly situated co-accused persons have been enlarged on anticipatory bail by this court vide order dated 16.12.2021, passed in Cr. Misc. No.10159/2020.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, since the similarly situated co-accused have been enlarged on bail, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail

Patna High Court CR. MISC. No.49046 of 2021(2) dt.28-04-2022 3/3 bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Riga P.S. Case No.221/2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T