Dinesh Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39759 of 2025 Arising Out of PS. Case No.-151 Year-2017 Thana- MADHUBAN District- East Champaran ====================================================== Dinesh Choudhary Son of Late Yodha Chaudhary Resident of village - Bishunpur Tara, P.S.- Madhuban, District - East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar, Advocate For the Opposite Party/s :
Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 27-06-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending his arrest in connection with Madhuban P.S. Case No. 151 of 2017 for the offence under Sections 188, 143, 147, 148, 149, 341, 323, 324, 325, 353, 307, 504, 506, 120B of the I.P.C.
3. As per the prosecution case, due to accidental death of a boy, the petitioner and other co-accused persons numbering 200-300 obstructed the traffic and created problem of law and order, they also assaulted the police party with lathi, danda, brick etc. causing injuries to them and tried to snatch firearms from the police personnel.
4. Learned counsel for the petitioner submits that the petitioner is quite innocent, and has not committed any offence,
Patna High Court CR. MISC. No.39759 of 2025(3) dt.27-06-2025 2/3 much less, the offences as alleged against him, and that he is simply a victim of false implication in the case, due to police maneuvering at the instance of his enemies. The name of the petitioner is appearing at serial 28 in the F.I.R., without any specific overt act. There is no specific allegation against any of the accused persons including the petitioner, rather general, vague, sweeping and omnibus allegation have been levelled against accused persons including the petitioner. Learned counsel further submits that other co-accused persons namely
5. Learned APP opposes the prayer for bail.
6. Keeping in view the aforesaid facts, this Court is inclined to extend him the privilege of anticipatory bail.
7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the date of receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned 4th Additional Chief Judicial Magistrate, Motihari, East Champaran, in connection with Madhuban P.S. Case No. 151 of 2017 subject to the conditions as laid down under Section 438(2) of the Cr.P.C., as also with the following conditions:- (i) One of the bailors should be close relative of
Patna High Court CR. MISC. No.39759 of 2025(3) dt.27-06-2025 3/3 the petitioner.
(ii) Petitioner shall co-operate in the trial and shall be present on each and every fixed date till framing of charge and on his absence on two consecutive dates without sufficient reason, his bail bonds shall be cancelled by the learned trial Court.
(S. B. Pd. Singh, J) Ankit Kumar/- U T