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Vishwa Mohan Choudhri @ Fantoosh Choudhary and Anr. v. The State Of Bihar

Patna HC23 Mar 2017CR. MISC./9704/2017

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to two petitioners who were accused in an FIR for offences under the IPC related to a procession during Moharram. The bail was conditioned on the petitioners surrendering within thirty days or in case of arrest.

What did the court decide?

Petitioners granted bail on issuance of security bond of Rs.10,000 each with two sureties upon surrender or arrest within thirty days.

Vishwa Mohan Choudhri @ Fantoosh Choudhary and Anr. Vs The… — Quashing and FIR | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 9704 of 2017

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Arising out of P.S. Case No. - 400 Year - 2016 Thana - DARBHANGA SADAR District - DARBHANGA

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====================================================== 1. Vishwa Mohan Choudhri @ Fantoosh Choudhary, Son of Late Tribhuwan Nath Choudhary @ Late Tribhuwan Choudhary

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Amar Sah, Son of Mahendra Sah, Both resident of Village - Bhalpatti, Police Station - Sadar, Darbhanga District - Darbhanga .... .... Petitioners

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Versus

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The State of Bihar

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.... .... Opposite Party

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Appearance : For the Petitioners : Mr. Birendra Kumar Singh, Advocate For the Opposite Party : Mr. Shyam Bihari Singh, A.P.P.

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====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER

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2 23-03-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

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The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 341, 342, 324, 332, 353, 504 and 506 of the Indian Penal Code.

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Allegation is that the processionist attempted to create communal disharmony during procession of Moharram The petitioners were members of the Shanti Samiti, therefore, they are accused.

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Considering the nature of allegation, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds

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Patna High Court Cr.Misc. No.9704 of 2017 (2) dt.23-03-2017

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2/2

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of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga/Successor Court in connection with Sadar (Bhalpatti) Police Station Case No. 400 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully co-operate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

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(Birendra Kumar, J)

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Kundan

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U T

Vishwa Mohan Choudhri @ Fantoosh Choudhary and Anr. v. The State Of Bihar

Case brief

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Vishwa Mohan Choudhri @ Fantoosh Choudhary and Anr. v. The State Of Bihar

Case brief

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What did the court decide?

What the court decided

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