Hari Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52644 of 2022 Arising Out of PS. Case No.-114 Year-2020 Thana- FATEHPUR District- Gaya ====================================================== 1.

Hari Chaudhary S/o Kallu Chaudhary Resident of Village- Jagarnathpur, P.O.- Kariyadpur, P.S.- Fatehpur, Dist.- Gaya, Pin-824232. 2.

Anil Prasad @ Anil Swarnkar S/o Resident of Village- Kariyadpur, P.S.- Fatehpur, Dist- Gaya Bihar, 824232.

3.

Manoj Kumar @ Manoj Kumar Verma S/o Devnandan Prasad Resident of Village- Kariyadpur, P.S.- Fatehpur, Dist- Gaya Bihar, 824232. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anmol Kumar For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-12-2022 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 307, 379 and other allied sections of the Indian Penal Code and section 27 of the Arms Act.

As per the prosecution case, 65 named including petitioners and 200-300 unknown persons looted the household articles, damaged houses, committed violence and terrified the villagers and also made indiscriminate firing. It is submitted that there is no specific overt act

Patna High Court CR. MISC. No.52644 of 2022(2) dt.20-12-2022 2/2 against the petitioners. There is case and counter case. In fact, father of petitioner no. 1 has lodged a case bearing Fatehpur PS Case No. 108 of 2020 against the informant and others. The alleged occurrence took place on 01.06.2020, but the FIR was lodged on 04.06.2020 without any plausible explanation. Considering the facts aforesaid, the petitioners abovenamed, in the event of their arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate X, Gaya in connection with Fatehpur P.S. Case No. 114 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T