Sukat Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59214 of 2019 Arising Out of PS. Case No.-239 Year-2019 Thana- BAGHA District- West Champaran ====================================================== 1.

SUKAT CHAUDHARY Son of Laljee Chaudhary Resident of Village- Ward No.2, Padar Khap, Police Station- Bhairoganj, District- West Champaran. 2.

Sugreev Mukhiya Son of Pahalad Mukhiya Resident of Village-Ward No.2, Padar Khap, Police Station-Bhairoganj, District-West Champaran. 3.

Kishor Yadav @ Krishnandan Yadav Son of Khobhari Yadav Resident of Village-Ward No.2, Padar Khap, Police Station-Bhairoganj, District-West Champaran.

4.

Kundan Kumar @ Kundan Gond Son of Bhulan Yadav Resident of VillageWard No.2, Padar Khap, Police Station-Bhairoganj, District-West Champaran.

5.

Rakesh Yadav @ Sepahi Yadav son of Mithailal Yadav Resident of VillageWard No.2, Padar Khap, Police Station-Bhairoganj, District-West Champaran.

6.

Shyam Sundar Yadav Son of Prayag Yadav Resident of Village-Ward No.2, Padar Khap, Police Station-Bhairoganj, District-West Champaran. 7.

Vakil Baril (Raut Bari) @ Vakil Baria @ Vakil Raut Bari, Son of Sigasan Raut Bari Resident of Village-Ward No.2, Padar Khap, Police StationBhairoganj, District-West Champaran. 8.

Patilaal Yadav Son of Shankar Yadav Resident of Village-Ward No.2, Padar Khap, Police Station-Bhairoganj, District-West Champaran. 9.

Saheb Bari @ Saheb Prasad @ Saheb Pd. Bari Son of Akka Prasad Resident of Village-Ward No.2, Padar Khap, Police Station-Bhairoganj, District-West Champaran.

10.

Vinod Patel @ Vinod Kumar Chaudhary Son of Vijaymal Chaudhary Resident of Village-Ward No.2, Padar Khap, Police Station-Bhairoganj, District-West Champaran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Milind Kumar Mishra For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 19-09-2019 Heard learned counsel for the petitioners and learned APP for the State.

Patna High Court CR. MISC. No.59214 of 2019(2) dt.19-09-2019 2/3

2. The petitioner apprehends their arrest for the offences alleged under Sections 147, 148, 149, 342, 323, 332, 333, 353, 307 and 398 of the Indian Penal Code, registered in connection with Bagaha (Bhairoganj) P.S. Case No. 239 of 2019.

3. It is submitted that the petitioners have been falsely implicated and the F.I.R. is against as many as 42 named and 100 unknown persons. The accusations are general and omnibus in nature without any specific accusation attributed to the petitioners individually.

The petitioners claim clean antecedents, except petitioner no.10, who is accused in one prior case, in which he is on bail. It is further submitted that similarly situated accused persons have been granted anticipatory bail by this Court in Cr. Misc. No. 45357 of 2019, Cr. Misc. No. 55802 of 2019, Cr. Misc No 50591 of 2019 and Cr. Misc. No. 55802 of 2019.

4. Be that as it may, in the event of petitioners' arrest or surrender before court below within six weeks from the date of communication of this order, let the above named petitioners 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 learned Additional Chief Judicial Magistrate-1,

Patna High Court CR. MISC. No.59214 of 2019(2) dt.19-09-2019 3/3 Bagaha, West Champaran in connection with Bagaha (Bhairoganj) P.S.Case No. 239 of 2019, subject to the conditions as laid down under Section 438(2) Cr. P.C. and also subject to the following further conditions:

(i) That one of the bailors shall be a close relative of the petitioners.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioners shall co-operate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) The petitioners shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) HR/- U T