Sunil Chaudhary @ Sunil Chaudhri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57242 of 2023 Arising Out of PS. Case No.-16 Year-2022 Thana- CHANDAUTI District- Gaya ====================================================== Sunil Chaudhary @ Sunil Chaudhri S/O- Basant Chaudhary Village- Channa P.S.- Chandauti Dist- Gaya ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Sharma, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 30-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner in the present case is seeking prearrest bail in connection with Chandauti P.S. Case No. 16 of 2022 registered for the offenses punishable under Sections 341, 448, 323, 324, 307, 504, 506, 147, 148, 149 of the Indian Penal Code. The petitioner has one criminal antecedent.

3. As per the prosecution story, sixteen FIR named persons including this petitioner and some unknown persons entered into the house of the informant armed with weapons like garasa, bhala, knife, pistol and assaulted the informant and his family members.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. It is submitted that there is a general and omnibus allegation him.

Patna High Court CR. MISC. No.57242 of 2023(2) dt.30-08-2023 2/2

5. Learned APP for the State has opposed the prayer for bail of the petitioner.

6. Having regard to the facts and circumstances of the case wherein the petitioner submits that there is a general and omnibus allegation him but this Court finds that the petitioner is accused in Delha P.S. Case No. 10 of 2022 registered for the offences under Section 364, 302, 120(B) of the Indian Penal Code which is also lodged by the same informant side and there is no statement in the petition that the petitioner is on bail in the said case, this Court is not inclined to grant privilege of anticipatory bail to the petitioner.

7. In case, the petitioner surrenders within a period of four weeks and prays for regular bail his prayer for regular bail shall be considered on its own merit and also keeping in view the observations in the impugned order that the other co-accused persons have been granted bail vide B.P. No. 3215 of 2022, 2829 of 2022, 1132 of 2022 and 452 of 2023.

8. This application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) lekhi/- U T