Suresh Chaudhary vs The State Of Bihar
2021 Latest Caselaw 1588 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No.33929 of 2020
      Arising Out of PS. Case No.-2 Year-2020 Thana- THAKRAHA District- West Champaran
     ======================================================

1. Suresh Chaudhary (M), aged about 50 years, son of Paltan Chaudhary.

2. Chandramani Devi @ Chandmuni Devi (F), aged about 48 years, wife of Suresh Chaudhary.

3. Nitu Kumari @ Nitoo Soni (F), aged about 26 years, D/O Suresh Chaudhary,

4. Anup Kumar @ Anup Chaudhary (M), aged about 21 years, S/o Suresh Chudhary.

5. Rekha Kumari @ Rekha Kumari Chaudhari @ Rekha Chaudhary (F), aged about 20 years, D/O Nagendra Chaudhary,

6. Puja Kumari @ Puja Kumari Chaudhari, (F), aged about 19 years, D/O Nagendra Chaudhary.

7. Kalawati Devi @ Kalavati Devi (F), aged about 66 years, W/O Lalan Chaudhary,

8. Priyanka Kumari (F), aged about 21 years, D/O Om Prakash Chaudhary.

All are the resident of village- Nauka tola, Belawari Patti, Thakraha, P.S. Thakraha, District - West Champaran.

9. Kisori Devi @ Kishori Devi (F), aged about 38 years, D/O Paltan Chaudhary, W/O Parduman Chaudhary, resident of village - Bhadaura, P.S. - Siwan (Muffasil), District - Siwan.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

     For the Petitioner/s   :        Mr. Ravi Shankar Sahay, Advocate
     For the State          :        Mr. Md. Arif, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 22-03-2021

The matter has been heard via video conferencing.

2. Heard Mr. Ravi Shankar Sahay, learned counsel for

the petitioners and Mr. Md. Arif, learned Additional Public

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

3. Learned counsel for the petitioners submitted that Patna High Court CR. MISC. No.33929 of 2020 dt.22-03-2021

the petitioner no. 7, Kalawati Devi @ Kalavati Devi, has been

arrested and thus, the application on her behalf may be

permitted to be withdrawn.

4. In view thereof, the application on behalf of the

petitioner no. 7, Kalawati Devi @ Kalavati Devi, stands

disposed off as withdrawn and the application is restricted to

petitioners no. 1, 2, 3, 4, 5, 6, 8 and 9, namely, Suresh

Chaudhary, Chandramani Devi @ Chandmuni Devi, Nitu

Kumari @ Nitoo Soni, Anup Kumar @ Anup Chaudhary, Rekha

Kumari @ Rekha Kumari Chaudhari @ Rekha Chaudhary, Puja

Kumari @ Puja Kumari Chaudhari, Priyanka Kumari and Kisori

Devi @ Kishori Devi.

5. The petitioners apprehend arrest in connection with

Thakraha PS Case No. 02 of 2020 dated 06.11.2020, instituted

under Sections 147, 148, 149, 341, 332, 337, 338, 353, 120-B of

the Indian Penal Code.

6. The allegation against the petitioners is that when

the police party had gone to remove encroachment, they had

formed unlawful assembly and had also thrown brickbats on the

police obstructing them in their official duty and also resulting

in injury.

7. Learned counsel for the petitioners submitted that Patna High Court CR. MISC. No.33929 of 2020 dt.22-03-2021

the allegations are false as there may have been some scuffle,

but there was no injury to corroborate what has been alleged as

the injury report discloses only some bruises and minor cuts. It

was further submitted that even the action of the police was

totally high handed and as the petitioners are on the land for a

number of decades and without any notice or show cause to

them, the action of evicting them in the name of removal of

encroachment was high handed and colourable exercise of

power. It was submitted that even young female members have

not been spared. Learned counsel submitted that the petitioners

have no criminal antecedent.

8. Learned APP submitted that there is allegation of

assault on the police party which had gone to perform their duty

of removing encroachment and further, that there cannot be any

justification for attacking the police even if there may have been

merit in the contention of the petitioners as the same has to be

agitated in a lawful manner before the appropriate forum and

not in the way it has been done in the present case.

9. 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 petitioners (except petitioner no. 7, Patna High Court CR. MISC. No.33929 of 2020 dt.22-03-2021

Kalawati Devi @ Kalavati Devi) be released on bail upon

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

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

of the concerned Judicial Magistrate, 1st Class, Bagaha, West

Champaran, in Thakraha PS Case No. 02 of 2020, 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 petitioners, (ii) that the petitioners and the

bailors shall execute bond with regard to good behaviour of the

petitioners, and (iii) that the petitioners shall also give an

undertaking to the Court that they 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 their bail bonds. The

petitioners 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 their bail bonds.

10. It shall also be open for the prosecution to bring any

violation of the foregoing conditions of bail by the petitioners,

to the notice of the Court concerned, which shall take immediate Patna High Court CR. MISC. No.33929 of 2020 dt.22-03-2021

action on the same after giving opportunity of hearing to the

petitioners.

11. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

J. Alam/-

AFR/NAFR U T