Chhotu Jha @ Abhishek Jha vs The State Of Bihar
2021 Latest Caselaw 888 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No. 31645 of 2020
     Arising Out of PS Case No.-230 Year-2019 Thana- AURAI District- Muzaffarpur
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Chhotu Jha @ Abhishek Jha, (Male) aged about 35 years, Son of Late Udit Jha, Resident of Village-Rajkhanddakshani, PS-Aurai, District-Muzaffarpur.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s    :        Mr. Sheo Kumar Prasad, Advocate
For the State           :        Mr. Md. Arif, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 12-02-2021

Heard Mr. Sheo Kumar Prasad, learned counsel for the

petitioner and Mr. Md. Arif, learned In-charge Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

2. The petitioner apprehends arrest in connection with

Aurai PS Case No. 230 of 2019 dated 07.09.2019, instituted under

Sections 147, 148, 149, 342, 324, 332, 333, 353, 307, 504 and

120B of the Indian Penal Code.

3. The allegation against the petitioner is that he was

part of a mob which had assembled upon discovery of two dead

bodies in the Lakhandai river where 150-200 men had gathered Patna High Court CR. MISC. No.31645 of 2020 dt.12-02-2021

and began to protest and had assaulted the police with lathi,

danda and iron rod in which the informant who is the police

officer has sustained head injury and in the FIR, the petitioner

along with 11 others have been named.

4. Learned counsel for the petitioner submitted that as

he is a local villager, he had also gone to witness the recovery of

the dead bodies but did not take part in the assault. It was

submitted that even otherwise the allegation is general and

omnibus and there is no specific overt act alleged against him and

further, nothing has been mentioned in the FIR as to how the

petitioner was recognized in a mob of 150-200 persons. Learned

counsel submitted that the petitioner has no other criminal

antecedent. Learned counsel drew the attention of the Court to

order dated 23.07.2020 passed by a co-ordinate Bench in Cr. Misc.

No. 21450 of 2020, by which similarly situated co-accused Satish

Thakur @ Satish Kumar and Arun Thakur, have been granted

anticipatory bail.

5. Learned APP submitted that due to assault by the

mob, policemen were injured and the informant also sustained

head injury. However, he did not controvert that the allegations are

general and omnibus and the co-accused who were granted

anticipatory bail are similarly situated.

Patna High Court CR. MISC. No.31645 of 2020 dt.12-02-2021

6. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, in the

event of arrest or surrender before the Court below within six

weeks from today, the petitioner be released on bail upon

furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with

two sureties of the like amount each to the satisfaction of the

learned ACJM-XIIIth cum-Sub Judge, Muzaffarpur in Aurai PS

Case No. 230 of 2019, subject to the conditions laid down in

Section 438(2) of the Code of Criminal Procedure, 1973 and

further, (i) that one of the bailors shall be a close relative of the

petitioner, (ii) that the petitioner and the bailors shall execute bond

with regard to good behaviour of the petitioner, and (iii) that the

petitioner shall also give an undertaking to the Court that he shall

not indulge in any illegal/criminal activity, act in violation of any

law/statutory provisions, tamper with the evidence or influence

the witnesses. Any violation of the terms and conditions of the

bonds or the undertaking shall lead to cancellation of his bail

bonds. The petitioner shall cooperate in the case and be present

before the Court on each and every date. Failure to cooperate or

being absent on two consecutive dates, without sufficient cause,

shall also lead to cancellation of his bail bonds.

Patna High Court CR. MISC. No.31645 of 2020 dt.12-02-2021

7. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T