Upendra Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74837 of 2019 Arising Out of PS. Case No.-216 Year-2015 Thana- SIRDALA District- Nawada ====================================================== 1.
Upendra Chaudhary S/o Mundrika Chaudhary R/o village- Laund, P.S.- Sirdala, District- Nawada 2.
Ajay Prasad S/o Bhagwat Mahto R/o village- Laund, P.S.- Sirdala, DistrictNawada 3.
Vijay Prasad S/o Bhagwat Mahto R/o village- Laund, P.S.- Sirdala, DistrictNawada 4.
Sanjay Prasad S/o Bhagwat Mahto R/o village- Laund, P.S.- Sirdala, District- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Krishna Deo Raj For the Opposite Party/s :
Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 10-12-2019 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners have filed the instant application for anticipatory bail apprehending their arrest in a case registered for the offence under sections 325, 307 and 353 and other sections of the Indian Penal Code.
As per the allegation in the FIR, on police reaching the place of occurrence and stopping some persons from gambling, large number of persons gathered there and it is stated that about 150-200 persons attacked the police personnel and also caught one of them. It is further stated that the police had to
Patna High Court CR. MISC. No.74837 of 2019(3) dt.10-12-2019 2/3 fire in the air and somehow the police personnel caught by the gathered crowd could be saved.
It is submitted by learned counsel for the petitioners that the petitioners are not named in the FIR and no specific allegation has been levelled against them even in course of investigation. It is further submitted that the case of the petitioners stands on a similar footing to that of co-accused Gorelal Choudhary who has been enlarged on bail by order dated 10.07.2018 passed in Cr. Misc. No. 42775 of 2018. The application for bail has been opposed by learned APP for the State.
Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the fact that no specific material has transpired against the petitioners and also grant of bail to the co-accused, the Court is inclined to enlarge the petitioners on bail. The petitioners, above named, in the event of their arrest or surrender in the court below within a period of six weeks from today in connection with Sirdala P.S. Case No. 216 of 2015 are directed to be enlarged on bail on each of them furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional
Patna High Court CR. MISC. No.74837 of 2019(3) dt.10-12-2019 3/3 Chief Judicial Magistrate VI, Nawada subject to the conditions as laid down in section 438(2) of Criminal Procedure Code. (Partha Sarthy, J) Prakash/- U