Patna High CourtCR. MISC./3007/2017bail granted

Domi Chaudhary And ORS v. The State Of Bihar

2017-02-10Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3007 of 2017 Arising Out of PS.Case No. -383 Year- 2016 Thana -BAKHTIARPUR District- SAHARSA ======================================================

1. Domi Chaudhary, S/o Late Laxmi Chaudhary,

2. Vikash Chaudhary @ Vikash Kumar, S/o Dinesh Chaudhary,

3. Shankar Chaudhary, S/o Mukho Chaudhary,

4. Indradeo Chaudhary @ Indradeo Chaudhary, S/o Harin Chaudhary @ Hriday Chaudhary,

5. Upendra @ Gholat @ Upendra Chaudhary @ Gholat Chaudhary, S/o Butay Chaudhary @ Buttay Chaudhary,

6. Ranjit Chaudhary, Son of Lutay Chaudhary,

7. Lochan Chaudhary, S/o Late Sukdeo Chaudhary,

8. Rajo Chaudhary, Son of Jitan Chaudhary, All are residents of VillageHussain Chak, P.S.- Bakhtiyarpur, District- Saharsa .... Petitioners

Versus

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

For the Petitioners : Mr. Amarnath Jha, Adv. For the Opposite Party : Mr. Sanjay Kumar Tiwary, APP 128 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 10-02-2017 Heard the learned counsel for the petitioners and the State.

This is a petition for grant of anticipatory bail for offence under Sections 147, 148, 149, 353, 307, 332, 333, 323, 341 and 324 of the Indian Penal Code and 30(A), 37(B)(C), 45 and 47 of the Bihar Prohibition and Excise act, 2016. Allegation against the petitioners is that they forcefully got release of all the arrested accused from the custody of the police.

Submission of the petitioners is that false allegation is there. More over, the same is general and omni bus. Considering the aforesaid fact, the petitioners, above named, in the event of their arrest or surrender, within four weeks from the date of receipt of this order, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand)

Patna High Court Cr.Misc. No.3007 of 2017 (2) dt.10-02-2017 2/2 each with two sureties of the like amount each in connection with Bakhtiyarpur P.S. Case No. 383 of 2016 to the satisfaction of the Chief Judicial Magistrate, Saharsa, or successor Court, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code.

(Birendra Kumar, J) SA/- U √ T √