Ramesh Chauhan And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6619 of 2016 Arising Out of PS.Case No. -211 Year- 2015 Thana -KATEYA District- GOPALGANJ ======================================================

1. Ramesh Chauhan, S/o Sambadan Chaudhary, at Jaisauli, P.S.- Kateya Distt- Gopalganj.

2. Sukhdeo Chauhan, S/o Gharbharan Chauhan,

3. Munna Chauhan, S/o Nand Kishore Chauhan

4. Angoor Chauhan, S/o Sambadan Chaudhary, All are residence of Jaisauli, P.S.- Kateya, Distt- Gopalganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sushil Kumar For the Opposite Party/s : Mr. Amrendra Prasad(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 08-04-2016 Heard the learned counsel for the petitioners, the learned A.P.P. representing the State and the learned counsel for the informant.

The petitioners seek bail in connection with Kateya P.S. Case No. 211 of 2015 registered for the offences punishable under Sections 147, 148, 341, 323, 324, 307, 337, 338 and 302 of the Indian Penal Code.

Allegedly, the petitioners and other co-accused attacked on the informant and others wherein co-accused

Patna High Court Cr.Misc. No.6619 of 2016 (3) dt.08-04-2016 2/3 Shambhu Chauhan assaulted his son Amit Chaubey with Farsa on his head and further caused injury to Kalpnath Chaubey on his head, on alarm being raised villagers came and started pelting brick resulting the petitioner Angoor Chauhan also received injury on his head.

Submission is of false implication and that against the petitioners, no offence under Section 307 of the Indian Panel Code is made out, specific allegation is against Shambhu Chauhan, and as such, the petitioners deserve sympathetic consideration to which the learned APP duly assisted by the learned counsel for the informant opposes by submitting that all have assaulted with common intention.

In the facts and circumstances stated above, the petitioners, above named, are directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj in connection with Kateya P.S. Case No. 211 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioners shall remain present on each and every date during trial and the default on two

Patna High Court Cr.Misc. No.6619 of 2016 (3) dt.08-04-2016 3/3 consecutive dates on their part without any reason shall disentitle the petitioners from privilege of bail.

(Jitendra Mohan Sharma, J) ajaypd./- U T