Pramod Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48254 of 2019 Arising Out of PS. Case No.-84 Year-2019 Thana- NARHATT District- Nawada ====================================================== 1.

PRAMOD CHAUDHARY Son of Prabhu Chaudhary R/o Village- Jarhiya, P.S.- Hisua, District- Nawada 2.

Brahamdeo Chaudhary Son of Kailu Chaudhary R/o Village- Jarhiya, P.S.- Hisua, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Verma For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-08-2019 Heard learned counsels for the parties.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147,148,149,323,324,325,353,307,379 and 386 of the IPC. The prosecution case as per the self statement of SI Shishupal, SHO, Sitamarhi O.P. is to the effect that on 22.3.2019 at 4.30 PM he received information that 70-80 residents of village Jarahia are assaulting the residents of village Shankar Bigaha. It is further alleged that when the police reached village Jarahia, obscene songs were being played on D J and when they were stopped doing the same, the residents pelted stones on the police force as a result one of the constables got injured.

Patna High Court CR. MISC. No.48254 of 2019(2) dt.02-08-2019 2/2 It is submitted by learned counsel for the petitioner that the accusation of assault is omnibus and general and specific accusation of assault is against co-accused Binod Choudhary and Ravi Kumar. Statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP submits that the FIR is named in the FIR. Considering the accusation against the mob coupled with the statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Nawada in connection with Narhat (Sitamarhi) P.S. Case No.84 of 2019 subject to the conditions laid down in Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) anil/- U