Chandan Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 49334 of 2017 Arising Out of PS.Case No. -224 Year- 2017 Thana -BARHARA District- BHOJPUR ====================================================== Chandan Kumar Chaudhary S/o Upendra Kumar Chaudhary, R/o VillageKolharampur, P.S.- Barhara, District- Bhojpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr Manoj Kumar Singh, Advocate For the S t a t e : Smt Sahin Begam, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 17-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered under Sections 147, 148, 149, 323, 333, 337, 307, 353, 427, 504, 506 of Indian Penal Code and Section 3 of the Prevention of Damages of Public Property Act, 1884.

Allegation pertains to assembly of a mob of 100 to 150 persons protesting the death of some person due to rash driving by the driver of the bus on the four lane. Seven persons have been named in the first information report. The petitioner is alleged to be one of the 100 to 150 persons. Counsel for the petitioner submits that he was just a bystander and has been falsely implicated in this case. It is further submitted that prior to the

Patna High Court Cr.Misc. No.49334 of 2017 (2) dt.17-10-2017 2/2 instant case, there is no criminal antecedent against the petitioner. In the instant case, the petitioner is languishing in jail since 14.08.2017.

Considering the aforesaid submissions, petitioner's prayer for bail is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhojpur at Ara in Barhara Police Station Case No 224 of 2017 subject to the following conditions:

(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is, he shall not be released on bail.

(Madhuresh Prasad, J) M.E.H./- U T