Satish Choudhary @ Satish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78306 of 2019 Arising Out of PS. Case No.-80 Year-2019 Thana- SAHEBPUR KAMAL District- Begusarai ====================================================== 1.

Satish Choudhary @ Satish Kumar S/o Late Rajo Choudhary Resident of Village - Naya Tola Sahebpur Kamal, P.S. - Sahebpur Kamal, District - Begusarai.

2.

Vishal Choudhary @ Vishal Kumar S/o Fucho Choudhary @ Fuleshwar Chaudhari Resident of Village - Naya Tola Sahebpur Kamal, P.S. - Sahebpur Kamal, District - Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar, Advocate For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-02-2020 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have filed the instant application for grant of anticipatory bail apprehending their arrest in a case registered for the offence under sections 147, 148, 149, 341, 342, 353, 323 and 337 of the Indian Penal Code.

As per the allegation in the FIR, a protest was started over the killing of one Batoran Choudhary by over a hundred persons and the NH 31 was blocked by keeping the dead body on way. It is further stated that the crowd became violent and created problem in the work of the officials. It is further stated that as a result of stone pelting one Sanjay Yadav was injured. It is finally sated that the Choukidar identified four persons including the petitioners herein while 96 persons were not identified.

Patna High Court CR. MISC. No.78306 of 2019(2) dt.18-02-2020 2/2 It is submitted by learned counsel for the petitioners that the allegations are general and omnibus in nature which took place by crowd of persons as a result of the killing of Batoran Choudhary. It is further submitted that the petitioners have no criminal antecedent.

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 petitioners having no criminal antecedent, 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 Sahebpur Kamal P.S. Case no. 80 of 2019 is 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 Chief Judicial Magistrate, Begusarai subject to the conditions as laid down in section 438 (2) of Criminal Procedure Code. (Partha Sarthy, J) Prakash/- U T