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Patna High CourtCR. MISC./68815/2024bail granted

Nitesh Kumar Choudhary @ Nitesh Kumar @ Nitesh Choudhary v. The State Of Bihar

2024-10-04Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68815 of 2024 Arising Out of PS. Case No.-163 Year-2024 Thana- PURNEA SADAR District- Purnia ====================================================== 1.

Nitesh Kumar Choudhary @ Nitesh Kumar @ Nitesh Choudhary S/o Dileep Chaudhari Resident of Anand Nagar , Kaptan Para, Purnia East, Khuskibagh , P.S.- Sadar , Dist. Purnia 2.

Umashanker Kumar Choudhary @ Umashanker Kumar @ Umashanker Choudhary S/o Dileep Choudhari Resident of Anand Nagar , Kaptan Para, Purnia East, Khuskibagh , P.S.- Sadar , Dist. Purnia ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Praveen, Adv.

For the Opposite Party/s :

Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-10-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Purnea Sadar P.S. Case No. 163 of 2024 registered under Sections 147, 148, 149, 341, 353, 504 and 506 of the Indian Penal Code.

3. As per prosecution case, on the alleged date and time of occurrence, all the 16 F.I.R. named accused persons, including these petitioners and about 300 unknown persons,

Patna High Court CR. MISC. No.68815 of 2024(2) dt.04-10-2024 2/3 armed with weapons, created hindrance in discharge of government duties.

4. Learned counsel appearing on behalf of the petitioners submits that allegations are general and omnibus. There is no specific accusation of overt act against these petitioners. Petitioners are only alleged to be members of mob. None of the police personnel have sustained any injuries. Similarly situated co-accused Chandan Kumar Bhagat @ Chandan Bhagat has already been granted bail by this Court vide order dated 03.09.2024 passed in Cr. Misc. No. 53536 of 2024. Petitioners claim clean antecedents.

5. Learned A.P.P. appearing on behalf of the State opposed the bail application.

6. Having considered the aforesaid facts and circumstances of the case and similarly situated co-accused has already been granted bail, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, on furnishing bail-bonds of Rs. 10,000 (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Purnea in connection with Purnea Sadar P.S. Case No. 163 of 2024,

Patna High Court CR. MISC. No.68815 of 2024(2) dt.04-10-2024 3/3 subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Prabhat Kumar Singh, J) utkarsh/- U T