Patna High CourtCR. MISC./39522/2017bail granted

Kamlesh Chouhan And ORS v. The State Of Bihar

2017-08-22Mr. Justice Sanjay Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39522 of 2017 Arising Out of P.S.Case No. -165 Year- 2017 Thana -RAJPUR District- BUXAR ======================================================

1. Kamlesh Chouhan Son of Suresh Chouhan

2. Fula Devi wife of Ramshankar Chouhan

3. Rajeshwari Devi wife of Paras Nath Chouhan All resident of VillageJamauli Dera, P.S. Rajpur, District- Buxar. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Anil Kumar Singh, Advocate For the Opposite Party : Mr. Binod Kumar 3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 22-08-2017 Heard.

2. The petitioners apprehend arrest in connection with Rajpur P.S.Case No.165 of 2017 registered for an offence under Sections 147, 148, 341, 353 and 506 of the IPC.

3. The informant has alleged that these petitioners along with 60 others caused hindrance in discharging them for from official duty.

4. Learned counsel for the petitioners submits that some of the local people had assembled and raised protest against the administration demanding electric connection for their village. He further submits that the petitioners have been named merely on the basis of suspicion.

Patna High Court Cr.Misc. No.39522 of 2017 (2) dt.22-08-2017 2/2

5. Learned APP opposed the submissions.

6. On perusal of the FIR, it appears that some villagers had protested against the administration demanding electric connection. The allegation appears to be vague and no one sustained any injury in the occurrence in question. The allegation of causing hindrance is their official duty is also vague.

7. Considering the aforesaid facts and circumstances, prayer for anticipatory bail is allowed. Let the above named petitioners be released on anticipatory bail in the event of their arrest or surrender in the court below within a period of six 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 ACJM-VII, Buxar in connection with Rajpur P.S.Case No.165 of 2017, subject to the conditions as laid down under Sections 438(2) of the Cr.P.C.

(Sanjay Kumar, J) B.Kr./- U T