Raghunath Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.79943 of 2018 Arising Out of PS. Case No.-51 Year-2018 Thana- GORAUL District- Vaishali ====================================================== Raghunath Chaudhary S/o Late Ram Lakhan Chaudhary, R/o Village Mathna Malik @ Mathna Bhim, P.S. Goraul O.P. Katara, Distt. Vaishali. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anish Kumar For the Opposite Party/s :
Smt. Gulnar Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 17-01-2019 Heard the learned counsel for the petitioner and the State.
The petitioner seeks bail in anticipation of his arrest in connection with Goraul P. S. Case No. 51 of 2018 (G. R. No. 899 of 2018) dated 03.03.2018 instituted for the offences under Sections 147, 148, 149, 323, 324, 225, 353 and 504 of the Indian Penal Code and Section 3 and 4 of the Prevention of Damage to Public Property Act, 1984. Three persons were arrested by the police party with 1.25 litres of liquor which they were carrying with them on motor-cycle. However, persons named in the F.I.R.
Patna High Court Cr.Misc. No.79943 of 2018(2) dt.17-01-2019 2/3 including the petitioner and about 30 others came and forcibly made such arrested accused persons escape from the custody of police.
Learned counsel for the petitioner has submitted that his name has been provided by local persons who have definite grudge against the petitioner.
No specific allegation has been levelled against the petitioner except that the petitioner was part of the mob which effected the escape of arrested accused persons. Under similar circumstances, two of the accused persons have been granted bail by a Bench of this Court vide order dated 12.12.2018 passed in Cr. Misc. No. 66252 of 2018.
For the aforesaid facts and taking into account the clean antecedents of the petitioner, he is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the
Patna High Court Cr.Misc. No.79943 of 2018(2) dt.17-01-2019 3/3 satisfaction of the learned Additional District and Sessions Judge, 2nd cum Special Judge, Vaishali at Hajipur in connection with Goraul P. S. Case No. 51 of 2018 (G. R. No. 899 of 2018), subject to the conditions as laid down under Section 438 (2) Cr.P.C.
(Ashutosh Kumar, J) skm/- U