Allowed

Raghunath Choudhari v. The State of Bihar

Patna HC12 Dec 2019CR. MISC./79688/2019

Case brief

AI extract

What is this about?

A single judge dismissed an interlocutory application. The court granted anticipatory bail to petitioners apprehending arrest in a police case involving illegal hut construction and obstruction of official duty, directing them to appear within four weeks.

What did the court decide?

Anticipatory bail granted on furnishing bonds of Rs. 10,000 each with two sureties of like amount within four weeks.

Raghunath Choudhari Vs The State of Bihar — Anticipatory Bail | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.79688 of 2019

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Arising Out of PS. Case No.-215 Year-2019 Thana- KOILWAR District- Bhojpur

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

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RAGHUNATH CHOUDHARI S/o Late Muni Choudhari Resident of Village- Kayamnagar, P.S.- Koilwar, District- Bhojpur at Ara.

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Deepak Choudhari S/o of Raghunath Choudhari Resident of VillageKayamnagar, P.S.- Koilwar, District- Bhojpur at Ara.

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Lalti Devi W/o Deepak Choudhari Resident of Village- Kayamnagar, P.S.Koilwar, District- Bhojpur at Ara.

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Parmeshwar Choudhari Son of Lakhan Choudhari Resident of VillageKayamnagar, P.S.- Koilwar, District- Bhojpur at Ara.

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Bhagmati Devi W/o Parmeshwar Choudhari Resident of VillageKayamnagar, P.S.- Koilwar, District- Bhojpur at Ara.

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Birendra Chaudhari S/o Parmeshwar Choudhari Resident of VillageKayamnagar, P.S.- Koilwar, District- Bhojpur at Ara.

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Nepal Choudhari Son of Parmeshwar Choudhari Resident of VillageKayamnagar, P.S.- Koilwar, District- Bhojpur at Ara.

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Manoj Kumar Singh For the Opposite Party/s : Mr.Dinesh Singh ======================================================

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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER

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3 12-12-2019 Heard the learned counsel for the petitioners and the

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learned APP for the State.

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The petitioners apprehend their arrest in connection

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with Koilwar P.S. Case No. 215 of 2019 for the offence punishable under Sections 353/ 506/ 34 of the Indian Penal Code.

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The allegation is regarding the petitioners having

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Patna High Court CR. MISC. No.79688 of 2019(3) dt.12-12-2019 2/2

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erected the hut illegally over a piece of land with the motive of illegally occupying the same and when the Sub-Divisional Magistrate, Ara had told them to remove the same, the petitioners had tried to obstruct him in discharging the official duty.

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The learned counsel for the petitioners has submitted that the petitioners are innocent and have been falsely implicated in the present case and they have been coming in possession of the land in question since long time. It is further submitted that the petitioners are having clean antecedent.

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Having regard to the facts and circumstances of the case, in the event of arrest or surrender in the court below within a period of four weeks from today, the petitioners above named are directed to be released on anticipatory bail on furnishing bail- bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Koilwar P.S. Case No. 215 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

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Tiwary/- U T

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(Mohit Kumar Shah, J)

Raghunath Choudhari v. The State of Bihar

Case brief

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Raghunath Choudhari v. The State of Bihar

Case brief

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