Lalu Chaudhary @ Jitendra Chaudhary @ Lallu Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34471 of 2018 Arising Out of PS.Case No. -214 Year- 2018 Thana -DEHRI TOWN District- SASARAM (ROHTAS) ======================================================
1. LALU CHAUDHARY @ JITENDRA CHAUDHARY @ LALLU CHOUDHARY, S/o Late Chitranjan Chaudhary, Resident of Village Choudhary Mohalla, P.S. Dehri Town, District- Rohtas. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Santosh Kumar For the Opposite Party/s : Mr. Sri Indra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-07-2018 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
This application, for grant of anticipatory bail, arises out of Dehri Town Police Station Case No. 214 of 2018, disclosing offences under Sections 147, 148, 149, 307, 302 and 120B of the Indian Penal Code.
Allegation against the petitioner that he along with others variously armed abated the persons to committing the offence against the informant and his family members and one of the family members of the informant was kidnapped and his dead body was recovered.
Submission of learned counsel for the petitioner that
Patna High Court Cr.Misc. No.34471 of 2018 (3) dt.31-07-2018 2/2 he has no role to play in the death of the deceased and has falsely been made accused in this case as he happens to be the leader of local community. It has also been submitted other coaccused of this case has already been granted the privilege of anticipatory bail.
Learned counsel for the State opposed the prayer for bail and submitted that not only petitioner was found abating other accused persons but also he threatened the informant side for not lodging the case.
Having heard both sides, considering the facts and circumstances of the case and also the nature of allegation, I am not inclined to grant the petitioner, the privilege of anticipatory bail. This application is accordingly dismissed. The petitioner, if so desire, may surrender before the court below and pray for regular bail and if any such application is filed the court below shall decide the same on the merit of the case, without being prejudiced by the order of this Court. (Vinod Kumar Sinha, J) sunil/- U T