Upendra Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44783 of 2019 Arising Out of PS. Case No.-33 Year-2019 Thana- PARAIYA District- Gaya ====================================================== UPENDRA CHAUDHARY Son of Sri Dilip Chaudhry Resident of Village - Bagahi, P.S.- Paraiya, Distt - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 22-07-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Paraiya P.S. Case No.33 of 2019 registered under Sections 147, 148, 149, 323, 307, 225 and 353 of the Indian Penal Code besides Section 27 of the Arms Act.

The accusation is that the informant along with other police personnel proceeded for village-Bagahi from the police station for the arrest of Ranjan Chaudhary against whom the bailable warrant of arrest was issued. When the informant and other police personnel reached there and made raid at the house of Ranjan Choudhary, in that course, on seeing the police party, Mahendra Choudhary, succeeded to flee away from his house. On search of the house of Mahendra Choudhary, one gallon of illicit liquor was

Patna High Court CR. MISC. No.44783 of 2019(2) dt.22-07-2019 2/2 recovered. At that time, 29 persons, named in the F.I.R., including the petitioner and 30-40 unknown surrounded the house of Mahendra Choudhary and started pelting stone in which several police personnel sustained injury.

Learned counsel for the petitioner submits that the petitioner along with 28 others, named in the F.I.R, has been implicated in this case being the co-villager of Mahendra Choudhary without any specific overt act. Further submission is that while the petitioner is accused in one more case, as detailed in paragraph-3 to this application, which was lodged at the instance of the pattidar of the petitioner, but, in that case, the petitioner is on bail. Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-III, Gaya, in connection with Paraiya P.S. Case No.33 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T