Chhote Choudhary @ Chhotu Choudhary And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15221 of 2018 Arising Out of PS.Case No. -208 Year- 2017 Thana -DHARHARA District- MUNGER ======================================================
1. Chhote Choudhary @ Chhotu Choudhary, S/o Kare Choudhary,
2. Niru Ram, S/o Kailash Ram, Both R/o Village- Sarobagh, Dariapur, Gumti No.17, P.S.- Dharhara, District- Munger.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Binay Kumar, Advocate. For the Opposite Party/s : Md. Anzarul Haque Sahara, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 12-04-2018 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Dharhara P.S. Case No. 208 of 2017 instituted for the offence under Sections 147, 148, 149, 341, 323, 324, 325, 307, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act. The allegation in the First Information Report is that one Ranveer Yadav @ Rana Yadav along with his associates including the petitioners came to the flour-mill of the informant and surrounded him. It has, thereafter, been alleged that coaccused Ranveer Yadav @ Rana Yadav assaulted the informant by means of butt of the pistol which he was carrying in his hand
Patna High Court Cr.Misc. No.15221 of 2018 (2) dt.12-04-2018 2/3 and, thereafter, the others also, on the exhortation of aforesaid Ranveer Yadav @ Rana Yadav, assaulted him. The informant, thereafter, ran for saving his life and entered his house. The miscreants chased him and assaulted the uncle of the informant as well, leading to injuries on his person.
Learned counsel for the petitioners has submitted that other co-accused persons with similar allegation have already been granted anticipatory bail by a coordinate Bench of this Court vide order dated 05.04.2018 passed in Cr. Misc. 15744 of 2018. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Dharhara P.S. Case No. 208 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1st, Munger, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and their
Patna High Court Cr.Misc. No.15221 of 2018 (2) dt.12-04-2018 3/3 absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bond and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J) S.Ali/- U T