Bharath Choudhary And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20148 of 2015 Arising Out of PS.Case No. -512 Year- 2013 Thana -MADHEPURA District- MADHEPURA ======================================================

1. Bharath Choudhary, Son of Janak Choudhary

2. Dinesh Kamath @ Dinesh Kumar, Son of Dhanraj Kamat

3. Gonar Yadav, Son of Late Baldev Yadav, All resident of Village - Bardaha Goat, Police Station - Madhepura (Parmanandpur), District - Madhepura.

4. Sunil Kumar, Son of Umesh Yadav, Resident of Village - Chakla, Police Station - Madhepura (Parmanandpur), District - Madhepura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar, Advocate For the Opposite Party/s : Mr. Sadanand Paswan(Spl.APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 25-06-2015 Heard learned counsel for the petitioners and the learned counsel for the State.

The petitioners are apprehending their arrest in connection with Madhepura (Parmanandpur) P.S. Case No.512 of 2013 for allegedly having committed the offences under Sections 385, 353, 504/34 of the Indian Penal Code and Section 3(1)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act.

Learned counsel for the petitioners submits that the entire case is false and fabricated and has been lodged only on account of the fact that these petitioners, who are Ward Members, were entrusted with the task of supervising the construction of school building in question and only because

Patna High Court Cr.Misc. No.20148 of 2015 (2) dt.25-06-2015 2/2 they had protested against the inferior construction and the misutilization of Government money by the informant, that the present case has been lodged against them. It is further submitted that these petitioners have never participated in any such occurrence; rather there is no independent witness, who could have substantiated the case for the occurrence to have taken place in public view or at a public place. Considering the aforementioned submissions and also the fact that the petitioners have no criminal antecedents, let all the four petitioners, above named, in the event of their arrest or surrender before the court below within a period of three weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.

10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Madhepura, in connection with Madhepura (Parmanandpur) P.S. Case No.512 of 2013, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

PNM (Anjana Mishra, J) U T