Sanjay Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46123 of 2018 Arising Out of PS.Case No. -639 Year- 2017 Thana -JAHANABAD District- JEHANABAD ======================================================

1. Sanjay Choudhary S/o Shiv Dayal Choudhary, R/o Mohalla- Naya Tola, P.S.- Jehanabad, District- Jehanabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-08-2018 Heard learned counsel for the petitioner as well as the State.

The petitioner apprehends his arrest in Jehanabad Town P.S. Case No. 639/2017, instituted for the offences punishable under Sections 147, 149, 337, 295(A) and 153(A) of the Indian Penal Code. Learned counsel for the petitioner has submitted that there is general and omnibus allegation against this petitioner. It is alleged in the written report that during procession of Tazia, accused persons as named in the written report came near Durga Puja Pandal. The petitioner was also present in the said Pandal. It is further alleged that the petitioner and other accused persons insulted the Tazia procession.

Learned counsel for the petitioner further submits that other accused persons with similar allegation have already been

Patna High Court Cr.Misc. No.46123 of 2018 (2) dt.16-08-2018 2/2 granted anticipatory bail by a co-ordinate Bench of this Court in Cr. Misc. No. 46057/2018 dated 09.08.2018.

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 Jehanabad P.S. Case No. 639/2017, 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 Chief Judicial Magistrate, Jehanabad, 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