Sh. Ranjan Choudhary v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41353 of 2018 Arising Out of PS.Case No. -214 Year- 2018 Thana -DEHRI TOWN District- SASARAM (ROHTAS) ======================================================
1. Sh. Ranjan Choudhary, aged 26 Years S/o Late Kallu Choudhary, R/o Ward No. 35, Balgovind Bigha, P.S.- Dehri, District- Rohtas. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Puneet Siddhartha For the Opposite Party/s : Mr. Sri Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-08-2018 Heard learned counsel for the petitioner as well as the State.
The petitioner apprehends his arrest in Dehri Nagar P.S. Case No. 214/2018, instituted for the offences punishable under Sections 147, 148, 149, 307, 302 and 120(B) of the Indian Penal Code.
In the written report, it is alleged that Lallu Chaudhary, Bharat Chaudhary, Somnath Chaudhary, Suresh Chaudhary and others armed with sword in their hands were standing at Balu Ghat. They told to kill the informant and others. They kidnapped the Bhagina of the informant, namely, Niraj Kumar. His dead body was found on 05.03.2018 in the Sone River.
Learned counsel for the petitioner has submitted that there is no allegation of any specific overt act against this petitioner.
Patna High Court Cr.Misc. No.41353 of 2018 (4) dt.13-08-2018 2/2 The petitioner is alleged to be a member of unlawful assembly. It is further submitted that the petitioner has no criminal antecedent. Considering the facts and circumstances of the case, the prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Dehri Nagar P.S. Case No. 214/2018, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Dehri, Rohtas, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(Sanjay Priya, J.) Rakhi U T