Sanjay Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68783 of 2021 Arising Out of PS. Case No.-276 Year-2021 Thana- RAJGIR District- Nalanda ====================================================== SANJAY CHAUDHARY S/o Ram Bali Chaudhary Resident of Village- Sheo Asthan Colony, P.S.- Rajgir, District- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Dinesh Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-07-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 149, 323, 337, 338, 270, 271, 504, 427, 188, 269, 353 of the Indian Penal Code read with Section 51(b) of the Disaster Management Act, 2005.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent. The informant, who is the driver of the Executive Officer, Municipal Council, Rajgir, was acting on the order of the Commissioner, Patna Division, Patna, District Magistrate, Nalanda and the S.D.O., Rajgir for removing encroachment on

Patna High Court CR. MISC. No.68783 of 2021(2) dt.25-07-2022 2/3 07.08.2021 and was also checking that people are following Covid-19 Protocol. It is alleged that the encroachers on the order of Dharmanand Sao assaulted the informant and others who had accompanied him and it is alleged that Pappu Chaudhary pelted stones which broke the glass of the government vehicle and two employees were also injured. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case and no overt act has been alleged against him and it absolutely does not stand to reason that how the informant identify the petitioner when the petitioner is not known to the informant, hence, it appears that someone inimical to the petitioner got the petitioner falsely implicated in the present case and no one was injured in the occurrence.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.68783 of 2021(2) dt.25-07-2022 3/3 satisfaction of the learned court below where the case is pending/successor court in connection with Rajgir P.S. Case No. 276 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T