Patna High CourtCR. MISC./51296/2023bail granted

Kailash Chaudhary v. The State Of Bihar

2023-08-17Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51296 of 2023 Arising Out of PS. Case No.-740 Year-2022 Thana- CHAPRA TOWN District- Saran ====================================================== KAILASH CHAUDHARY SON OF PRABHUNATH CHAUDHARY RESIDENT OF VILLAGE- BICHLA TELPA CHAPRA, PS- CHAPRA (TOWN), MALAY PUR, DISTT- SARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-08-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 332, 333, 353, 427, 504 and 506 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent.

4. The informant alleges that on information that some accused are indulging in illegal trade of liquor, he reached the place of occurrence when some accused were assembled and on seeing the police force started fleeing,

Patna High Court CR. MISC. No.51296 of 2023(2) dt.17-08-2023 2/3 when the accused persons including the petitioner started pelting stone causing injury to the informant and driver of the police vehicle and even the vehicle of the police was damaged.

5. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next submitted that from perusal of the allegation as alleged in the F.I.R., it would manifest that allegations are general and omnibus in nature, It is next submitted that petitioner is a bus driver of DPS, Chapra and on the date of occurrence was on duty.

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

7. Considering the submissions made by the learned counsel for the petitioner, the petitioner abovenamed, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in

Patna High Court CR. MISC. No.51296 of 2023(2) dt.17-08-2023 3/3 connection with Chapra Town P.S. Case No. 740 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T