Allowed

Jagdish Choudhary and Ors. v. The State Of Bihar

Patna HC5 Jul 2018CR. MISC./37927/2018

Case brief

AI extract

What is this about?

The Patna High Court granted bail to nine petitioners in judicial custody under a PS case involving multiple IPC offences of rioting, assault, and attempts. The court observed no specific individual allegations against them and ordered release on Rs. 10,000 bail bonds.

What did the court decide?

Enlarged the petitioners on bail upon furnishing bonds of Rs. 10,000/- each with two sureties of the like amount.

Jagdish Choudhary and Ors. Vs The State Of Bihar — Bail and Remand | Patna HC (2018)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.37927 of 2018

¶2

Arising Out of PS. Case No.-17 Year-2018 Thana- NADI NAINAHA District- West Champaran

¶3

======================================================

¶4

Jagdish Choudhary, S/o Late Dukhi Choudhary, R/o Vill.Rewahiya, P.S.- Nadi, District- West Champaran.

¶5

Musmat Seema Devi W/o Late Sanjay Yadav, R/o Vill.Choutarwa, P.S.- Choutarwa, District- West Champaran.

¶6

Akhilesh Yadav S/o Hari Charan Yadav, R/o Vill.- Nainaha, P.S.Nadi, District- West Champaran.

¶7

Karamat Miyan @ Karamat S/o Tej Miyan, R/o Vill.- Patilar, P.S.- Choutarwa, District- West Champaran.

¶8

Laxman Yadav S/o Nathuni Yadav, R/o Vill.- Ratwal, P.S.Choutarawa, District- West Champaran.

¶9

Hiraman Ram S/o Late Motichand Ram, R/o Bindwaliya, P.S.Nadi, District- West Champaran.

¶10

Bhola Yadav S/o Late Ramayan Yadav, R/o Vill.- Ratwal, P.S.Choutarawa, District- West Champaran.

¶11

Sudarshan Ram S/o Late Sahatu Ram, R/o Vill.- Chiurahi, P.S.Nadi , District- West Champaran.

¶12

Saukat Miyan S/o Karamat Miyan, R/o Vill.- Patilar, P.S.Choutarwa, District- West Champaran. ... ... Petitioner/s

¶13

Versus

¶14

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Milind Kumar Mishra For the Opposite Party/s : Mr. Sri Brajendra Nath Pandey ======================================================

¶15

... ... Opposite Party/s

¶16

CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER

¶17

2 05-07-2018 Heard learned counsel for the petitioners and learned

¶18

APP for the State.

¶19

Petitioners are languishing in judicial custody since 06.05.2018 in connection with Nadi P.S. Case No. 17 of 2018

¶20

for offences punishable under Sections 147, 148, 149, 341, 323, 307, 332, 333, 427, 353, and 504 of the Indian Penal Code.

¶21

Patna High Court Cr.Misc. No.37927 of 2018(2) dt.05-07-2018 2/3

¶22

The prosecution case, as lodged by the informant Circle Officer, is that while complying the order of the SubDivisional Magistrate, Begusarai for possession of land to the rightful owner, 39 persons named in the F.I.R. and other 100 men and women obstructed the administration in delivering possession and resorted to brick-batting and also injured the officials by means of lathi, danda, gandasa and also abused them, as a result the police vehicle and the vehicle of the administration were damaged and several people received injuries.

¶23

It has been submitted by the learned counsel for the petitioners that they are innocent, except petitioner no. 3 none of them have any criminal antecedent and it was a mob attack and not ascertainable as to who attacked or injured the police and the people of the administration. He submits that for no fault of theirs the petitioners are languishing in judicial custody for two months as they were general public attending to their day-to-day work.

¶24

However, learned APP for the State opposes the prayer for bail.

¶25

Considering the facts and circumstances and the materials on record as well as there being no specific allegation, let

¶26

Patna High Court Cr.Misc. No.37927 of 2018(2) dt.05-07-2018 3/3

¶27

petitioners, above named, be enlarged on bail on furnishing bail bonds of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Bagha, West Champaran, in connection with Nadi P.S. Case No. 17 of 2018, subject to the condition that one of the bailors would be a close relative of the petitioners having sufficient immovable property, who will file an affidavit stating his relationship with the petitioners.

¶28

(Nilu Agrawal, J)

¶29

Rajesh/-

¶30

U T

Jagdish Choudhary and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Jagdish Choudhary and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Piyush Kant @ Rohit Vs The State Of Bihar

Vijay Choubey @ Vijay Kumar Choubey Vs The State Of Bihar

Md. Hussain Vs The State Of Bihar

Ganesh Prasad @ Ganesh Prasad Yadav Vs The State Of Bihar

Akhilesh Kumar @ Akhilesh Choudhary Vs The State Of Bihar

Suraj Das Vs The State Of Bihar