Patna High Court – Orders
Mukund Choudhary @ Mukesh Kumar … vs The State Of Bihar on 18 January, 2025
Author: Chandra Shekhar Jha
Bench: Chandra Shekhar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66155 of 2024
Arising Out of PS. Case No.-127 Year-2024 Thana- AMARPUR District- Banka
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Mukund Choudhary @ Mukesh Kumar Choudhary, S/o Bilash Choudhary,
Resident of Village-Rampur, P.S- Amarpur, Dist- Banka
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
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Appearance :
For the Petitioner/s : Mr. Dhananjay Pandey, Advocate
For the Opposite Party/s : Mr. Rajendra Prasad Nat, APP
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CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 18-01-2025
Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and
apprehending his arrest in connection with Amarpur P.S.
Case No.127 of 2024 registered under Sections 147, 148,
149, 188, 341, 323, 307, 332, 333, 353, 379, 504 and 506
of the Indian Penal Code.
3. As per the case of prosecution, all nine named
accused persons including the petitioner and 10-11 unknown
accused persons interfered with the police force by creating
obstacle in government’s work and had also assaulted the
police officials, where the police persons sustained injuries. It
also alleged that the assault was made with intention to cause
Patna High Court CR. MISC. No.66155 of 2024(2) dt.18-01-2025
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death of police personnel.
4. Learned counsel appearing on behalf of the
petitioner submitted that the allegation qua physical assault
against petitioner is appearing very general and omnibus and
moreover the injuries sustained by police personnel are also
simple in nature prima facie negate the intention of petitioner
and other co-accused persons to cause death. It is also
submitted that the allegation of theft is without any basis as
no action, till date was taken for theft of sand against
petitioner under the Bihar Minerals (Concession,
Prevention of Illegal Mining, Transportation and
Storage) Rules, 2019. While concluding argument, it is
submitted that the petitioner found involved in one more
criminal case, where he is on bail and moreover, similarly
situated co-accused Kunal Choudhary @ Kunal Kumar
Choudhary has also granted anticipatory bail by one of the
learned co-ordinate Bench of this Court through Cr. Misc.
No.40317 of 2024 dated 03.07.2024.
5. Learned APP appearing on behalf of the State
opposes the prayer for anticipatory bail.
Patna High Court CR. MISC. No.66155 of 2024(2) dt.18-01-2025
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6. In view of aforesaid factual submissions and by
taking note of fact as the allegation of physical assault is
appearing very much general and omnibus, where the nature
of injury found simple prima facie negating the intention to
cause death of the injured, coupled with fact that no action
was taken for alleged theft of sand against petitioner,
accordingly, the petitioner, above-named, is directed to be
released on bail, in the event of his arrest or surrender in the
court below within a period of four weeks, on furnishing bail
bond of Rs.10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the
learned Chief Judicial Magistrate, Banka in connection with
Amarpur P.S. Case No.127 of 2024, subject to the conditions
as laid down under Section 438(2) of the CrPC/Section
482(2) of the BNSS.
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T