IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.73757 of 2024 Arising Out of PS. Case No.-166 Year-2023 Thana- SANGRAMPUR District- East Champaran ====================================================== 1. Kiran Devi W/o- Harendra Chaudhary Village- Bariyariya, P.S- Sangrampur, District- East Champaran 2. Minta Devi Wife of Nami Chaudhary Village- Jalanha Ps- Sangrampur Dist- East Champaran 3. Nami Chaudhary Son of Jhamlal chaudhary Village- Jalanha Ps- Sangrampur Dist- East Champaran 4. Ranju Devi @ Renu Devi wife of Late Bachcha Chaudhary Village- Jalanha Ps- Sangrampur Dist- East Champaran 5. Lilawati Devi wife of Bhola Chaudhary Village- Jalanha Ps- Sangrampur Dist- East Champaran 6. Shanti Devi Wife of Tuni Lal Chaudhary Village- Jalanha Ps- Sangrampur Dist- East Champaran 7. Tunilal Chaudhary Son of Buddha Chaudhary Village- Jalanha Ps- Sangrampur Dist- East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner : Mr. Abhishek Ranjan, Advocate For the State : Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 19-03-2025 Heard learned counsels for the parties. 2. At the outset, learned counsel for the petitioners seeks permission to withdraw the anticipatory bail application on behalf of Petitioner Nos. 3 and 7, namely Nami Chaudhary and Tunilal Chaudhary. 3. Permission, as prayed for, is accorded. 4. Accordingly, this anticipatory bail application on Patna High Court CR. MISC. No.73757 of 2024(2) dt.19-03-2025 2/3 behalf of Petitioner Nos. 3 and 7 stands dismissed as withdrawn. 5. The Petitioner Nos. 1, 2, 4, 5 and 6 apprehend their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 447, 448, 452, 341, 342, 323, 324, 325, 337, 338, 307, 308, 332, 333, 353, 427, 428, 431, 109, 504 and 120B of the Indian Penal Code and Sections 3 and 4 of the Damage of Public Property Act. 6. The prosecution case, in brief, is that on 24.04.2023 police arrested one Bhikhari Chaudhary with illegal liquor and later on, he became ill and during course of treatment he died and after post mortem, dead body of Bhikhari Chaudhary was handed over to his family members. It is alleged that family members of Bhikhari Chaudhary kept his dead body on State Highway No. 24 and were protesting. It is further alleged that this petitioner, along with other accused persons named in the F.I.R. and some other persons, assembled and pelted stones on police party due to which some of the police personnel sustained injuries. Petitioners and other co-accused persons were identified by the local chowkidars and on the basis of video of the incident which were taken at the place of occurrence. 7. It is submitted by learned counsel for the petitioners that petitioners are innocent and have committed no offence. As Patna High Court CR. MISC. No.73757 of 2024(2) dt.19-03-2025 3/3 a matter of fact, petitioners are not family members of Bhikhari Chaudhary and have falsely been implicated in this case merely on suspicion. Petitioners claim clean antecedents. 8. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners and submitted that petitioners are named in the F.I.R. with specific accusation that they, along with other accused persons, assaulted police party as a result of which several police personnel sustained injuries. Petitioners have been identified on the basis of video footage. 9. Considering the aforesaid facts and circumstances of the case and nature of accusation, the prayer for grant of anticipatory bail to Petitioner Nos. 1, 2, 4, 5 and 6 is rejected. 10. Accordingly, this application stands disposed of. shashank/- (Prabhat Kumar Singh, J) U T