Mahanand Choudhary And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33404 of 2016 Arising Out of PS.Case No. -73 Year- 2016 Thana -RAGHOPUR District- SUPAUL ======================================================
1. Mahanand Choudhary, Son of Late Bhola Choudhary,
2. Ram Chandra Choudhary @ Bidra Choudhary, Son of Late Bhutay Choudhary,
3. Abhishek Choudhary @ Abhishek Kumar @ Santosh Choudhary @ Santosh, Son of Late Bhutay Choudhary
4. Kari Choudhary, Son of Late Mahadeo Choudhary,
5. Mahanth Lal Mandal, Son of Late Rati Lal Mandal, All residents of Village- Daulatpur, Police Station- Raghopur, District- Supaul. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Uday Chand Prasad, Advocate For the Opposite Party/s : Mr. Ashok Kumar Singh 1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 24-08-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Raghopur P.S. Case no. 73 of 2016, registered under Sections 341, 323, 353, 188 and 171(F) of the Indian Penal Code and Section 3/4 of the D.P.P. Act, 1985.
The accusation is that the informant along with other Police personnel reached at village Daulatpur on receiving information that petitioners along with 100-125 people riding on 50-60 motorcycle are moving on road and canvassing the panchayat election in which wife of Daultpur Mukhiya was a candidate. The informant saw mob of
Patna High Court Cr.Misc. No.33404 of 2016 (2) dt.24-08-2016 2/2 125 people headed by the petitioner no.1, when he tried to stop the motorcycle riders not to terrorize the local people then scuffle took place between petitioners and Police personnel. Learned counsel for the petitioners submits that it would appear from the F.I.R. that no force or assault was made by the petitioners and his supporters and they were only canvassing for their candidate. The petitioners having no criminal antecedent. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate, Birpur, Supaul in connection with Raghopur P.S. Case No. 73 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Rajendra Kumar Mishra, J.) manish/- U T