Sanjay Kumar Chaurasia v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73703 of 2022 Arising Out of PS. Case No.-91 Year-2016 Thana- RAJEPUR District- East Champaran ====================================================== 1.
Sanjay Kumar Chaurasia, Son of Vishwanath Prasad @ Vishwanath Prasad Chaurasia, R/V- Tetariya, P.S- Rajepur, Distt- East Champaran 2.
Pradeep Sah, Son of Laxmi Sah, R/V- Tetariya, P.S- Rajepur, Distt- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar, Advocate For the Opposite Party/s :
Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 29-04-2023 Heard Mr. Abhishek Kumar, learned counsel appearing on behalf of the petitioners and the learned APP for the State.
The petitioners are apprehending their arrest in connection with Rajepur P.S. Case No. 91 of 2016 registered for the offences under Sections143, 427 of the Indian Penal Code. Later on, Sections 144, 147, 452, 341, 342, 323, 504, 506, 353, 120B of the Indian Penal Code and Sections 3/4 of the Prevention of Damage to Public Property Act.
Submission has been made on behalf of the petitioners that unknown persons/miscreants caused damage of vehicles due to which altogether 13 F.I.Rs. have been instituted and in
Patna High Court CR. MISC. No.73703 of 2022(2) dt.29-04-2023 2/3 this way the petitioners and other similarly situated persons have been made accused in all the cases. It is next submitted that the occurrence, as alleged in the present case, led to the institution of the F.I.R. in a mechanical manner without there being any cogent material. The F.I.R. has been instituted against unknown miscreants. However, later on, in course of investigation, their names have been implicated in this case. He further submits that the other co-accused persons, having similar allegation, have been allowed the privilege of anticipatory bail by the learned coordinate Benches of this Court, copies of which have been brought on record by way of Annexures- 3 and 3/1 to this application.
On the other hand, learned APP for the State opposes the bail application.
Regard being had to the submissions made on behalf of the parties and considering the general and omnibus nature of allegation, coupled with the fact that other co-accused persons have been allowed the privilege of bail, let the petitioners, named above, in the event of their arrest or surrender within four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the
Patna High Court CR. MISC. No.73703 of 2022(2) dt.29-04-2023 3/3 like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sadar, East Champaran, Motihari in connection with Rajepur P.S. Case No. 91 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Harish Kumar, J) uday/- U T