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Patna High CourtCR. MISC./82077/2019bail granted

Dilip Choudhary v. The State Of Bihar

2019-12-11Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82077 of 2019 Arising Out of PS. Case No.-717 Year-2019 Thana- BUXAR District- Buxar ====================================================== 1.

DILIP CHOUDHARY Son of Late Ramjee Choudhary@ Hareram Choudhary Resident of - Mallah Toli, P.S.- Buxar (Town), District- Buxar 2.

Hero Jakshan Son of Paras Choudhary Resident of - Mallah Toli, P.S.- Buxar (Town), District- Buxar 3.

Chinu Choudhary Son of Paras Choudhary Resident of - Mallah Toli, P.S.- Buxar (Town), District- Buxar 4.

Biru Choudhary @ Viru Choudhary Son of Late Hareram Choudhary @ Late Rakesh Choudhary Resident of - Mallah Toli, P.S.- Buxar (Town), District- Buxar 5.

Barmeshwar Choudhary Son of Ishwar Choudhary Resident of - Mallah Toli, P.S.- Buxar (Town), District- Buxar 6.

Viky Choudhary @ Vicky Choudhary Son of Ramjee Choudhary @ Rakesh Choudhary Resident of - Mallah Toli, P.S.- Buxar (Town), District- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajit Kumar For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-12-2019 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Buxar (Town) P.S. Case No. 717 of 2019 for the offence registered under Sections 147, 148, 149, 188, 341, 323, 353, 427 and 337 of the Indian Penal Code.

The allegation is regarding the accused persons including the petitioners herein having forcibly immersed idols

Patna High Court CR. MISC. No.82077 of 2019(2) dt.11-12-2019 2/2 in the river Ganga on account of the festival of Durga Puja despite restraint order from the Government.

The learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case and they are having clean antecedents. It is further submitted that a general and omnibus allegation has been levelled in the FIR., hence the petitioners are not having any complicity in the alleged occurrence.

Having regard to the facts and circumstances of the case, the petitioners, above named, are directed to be released on anticipatory bail in the event of their arrest/surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Buxar in connection with Buxar (Town) P.S. Case No. 717 of 2019 subject to the conditions as stipulated under Section 438(2) of the Code of Criminal Procedure. (Mohit Kumar Shah, J) S.Sb/- U T