Vinod Choudhary @ Binod Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73521 of 2022 Arising Out of PS. Case No.-148 Year-2022 Thana- GOH District- Aurangabad ====================================================== VINOD CHOUDHARY @ BINOD CHAUDHARY S/O ASHOK CHAUDHARY Resident of village- Devhara, P.S.- Goh, District- Aurangabad (Bihar). .. ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Leelawati Kumari, Mr. Aman Vishal, Advocates.

For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 29-04-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. Petitioner apprehends his arrest in connection with Goh PS Case No. 148/2022 registered for the offence punishable under Sections 147, 149, 341, 342, 504, 506, 188, 189, 186, 336, 427, 290, 353 of the IPC and Section 3/4 of the Prevention of Damage to Public Property Act, 1984 dated 22.05.2022.

3. As per First Information Report, petitioner along with 34 named accused persons and about 100 to 150 unknown persons formed unlawful assembly carrying Lathi, Danda etc., and blocked the road in protest of death of a boy due to electrocution.

4. Learned counsel for the petitioner submits that the petitioner has been dragged in this case on the basis of the information received by the police and there is no specific allegation of overt act against the petitioner in the FIR. The

Patna High Court CR. MISC. No.73521 of 2022(2) dt.29-04-2023 2/2 petitioner was, at best, the member of the unlawful assembly along with 100 to 150 persons. Learned counsel next submits that petitioner has got no criminal antecedent.

5. Regards being had to the submissions made by the parties and taking into consideration the material on record and the fact that petitioner has got no criminal antecedent, there is general and omnibus allegation against the petitioner and no overt act has been alleged against him, I am inclined to grant anticipatory bail to the petitioner.

6.

Accordingly, let the petitioner, VINOD CHOUDHARY @ BINOD CHAUDHARY, in the event of arrest or surrender within four weeks from today, 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 learned Sub Divisional Judicial Magistrate, Daudnagar, Aurangabad in connection with Goh PS Case No. 148/2022, subject to the condition as laid down under Section 438(2) CrPC.

(Anil Kumar Sinha, J) perwez U T