Chandan Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82662 of 2019 Arising Out of PS. Case No.-717 Year-2019 Thana- BUXAR District- Buxar ====================================================== 1.

Chandan Choudhary Son of Hareram Choudhary Resident of - Mallah Toli, P.S.- Buxar (Town), District - Buxar.

2.

Birju Choudhary Son of Hareram Choudhary Resident of - Mallah Toli, P.S.- Buxar (Town), District - Buxar.

3.

Pappu Choudhary Son of Hareram Choudhary Resident of - Mallah Toli, P.S.- Buxar (Town), District - Buxar.

4.

Babuni Choudhary Son of Parmeshwar Choudhary Resident of - Mallah Toli, P.S.- Buxar (Town), District - Buxar.

5.

Dhanu Choudhary Son of Jhagru Choudhary @ Jhagdu 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, Advocate For the Opposite Party/s :

Mr.Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-12-2019 Heard learned counsel for the petitioners and learned counsel for the State.

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

It is alleged that accused persons including these petitioners had forcibly immersed idols in the river Ganga and when they returned they also pelted stones on the informant and

Patna High Court CR. MISC. No.82662 of 2019(2) dt.18-12-2019 2/3 others as a result of which some officials became injured. It is submitted by learned counsel appearing on behalf of petitioners that petitioners have falsely been implicated in this case. There is general and omnibus allegation against these petitioners. Co-accused have been granted anticipatory bail by a coordinate Bench of this court vide order dated 11.12.2019 passed in Cr. Misc. No. 82077 of 2019. Petitioners have got clean antecedent.

Considering the facts aforesaid, the petitioners abovenamed, in the event of their arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar in connection with Buxar (Town) P.S. Case No. 717 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure with further conditions:- (i) The petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates

Patna High Court CR. MISC. No.82662 of 2019(2) dt.18-12-2019 3/3 without sufficient reasons, their bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioners 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 petitioners. (Prabhat Kumar Singh, J) vinita/- U T