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Patna High CourtCR. MISC./76896/2019disposed

Arjun Chaudhary v. The State Of Bihar

2020-01-20Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76896 of 2019 Arising Out of PS. Case No.-526 Year-2019 Thana- NAUBATPUR District- Patna ====================================================== 1.

ARJUN CHAUDHARY S/o Late Bhuneshwar Chaudhary @ Bhuletan Chaudhary R/o village- Mahmadpur, P.S.- Naubatpur, District- Patna 2.

Pradeep Chaudhary S/o Kishun Chaudhary R/o village- Mahmadpur, P.S.- Naubatpur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sayed Imran Ghani For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-01-2020 At the very outset, learned counsel for the petitioners seeks permission to withdraw this application with respect to petitioner No.1 stating that he has been arrested during pendency of this application.

In view of above, this application with respect to petitioner No.1 Arjun Chaudhary is dismissed as withdrawn. Petitioner No.2 seeks bail in anticipation of his arrest in connection with Naubatpur P.S. Case No. 526 of 2019 registered for the offences punishable under Sections 147, 148, 149, 188, 341, 323, 332, 143, 333, 353 and 302 of the Indian Penal Code. As per prosecution case, 100-150 persons armed with variously armed, including the petitioner No.2 came and assaulted one person on the plea that he was child lifter, due to which he

Patna High Court CR. MISC. No.76896 of 2019(2) dt.20-01-2020 2/2 succumbed to the injuries.

Submission of learned counsel for the petitioner No.2 is that except general allegation no specific allegation has been attributed against him and considering the same co-accused persons have been granted anticipatory bail by a co-ordinate Bench of this Court by order dated 22.10.2019 passed in Cr.Misc.No. 64196 of 2019.

Heard learned APP also.

In view of above facts and circumstances, let petitioner No.2, in the event of surrender, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-II, Danapur, in connection with Naubatpur P.S. Case No. 526 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioner shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned. (Vinod Kumar Sinha, J) spal/- U T