Mohan Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56693 of 2019 Arising Out of PS. Case No.-224 Year-2019 Thana- TEGHRHA District- Begusarai ====================================================== 1.
MOHAN CHAUDHARY Son of Shyam Nandan Chaudhary Resident of Village - Bisoua, P.S.- Teghra, Dist.- Begusarai. 2.
Govind Chaudhary @ Govind Kunwar Son of Banarasi Kunwar Resident of Village - Pidhouli, P.S.- Teghra, Dist.- Begusarai. 3.
Munna Chaudhary @ Shyamnandan Chaudhary son of Rajeshwar Chaudhary Resident of Village - Bisoua, P.S.- Teghra, Dist.- Begusarai. 4.
Guddu Kuamr @ Kunwar Son of Rambabu Kumar Resident of Village - Amjadpur Pidhouli, P.S.- Teghra, Dist.- Begusarai. 5.
Chunchun Paswan Son of Ram Bilash Paswan Resident of Village - Amjadpur Pidholi, P.S.- Teghra, Dist.- Begusarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sabal Kumar Jha For the Opposite Party/s :
Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-09-2019 Heard learned counsel for the parties.
This application for anticipatory bail arises out of Teghra P.S. Case No. 224 of 2019, disclosing the offence under Section 307 and other allied Sections of the Indian Penal Code and Section 8 of the National Highway Act, 1956. The gist of the allegation in the FIR is that local inhabitants, including the persons named in the FIR, were protesting against death of someone in a road accident. They are said to have completely obstructed the movement of vehicular
Patna High Court CR. MISC. No.56693 of 2019(2) dt.06-09-2019 2/3 traffic and on intervention of the police, they vandalised the vehicles and indulged in arsoning and brick-batting. Learned counsel appearing on behalf of the petitioners has submitted that there is no specific allegation against either of them and they have been implicated as members of the mob.
Considering the general and omnibus nature of allegation, this application is allowed. Let the petitioners, above-named, in the event of their arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) each, with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in Teghra P.S. Case No. 224 of 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioners shall present themselves before the Police/ Court, as the case may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled. The District Magistrate, Begusarai is directed, however, to consider whether a case is made out for invoking
Patna High Court CR. MISC. No.56693 of 2019(2) dt.06-09-2019 3/3 the provisions of Bihar Collective Fines (Imposition) Act. 1982. Let a copy of this order be communicated to the District Magistrate, Begusarai.
(Chakradhari Sharan Singh, J) Rajesh/- U T