Sunny Chaurasia v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2682 of 2020 Arising Out of PS. Case No.-253 Year-2019 Thana- HUSSAINGANJ District- Siwan ====================================================== SUNNY CHAURASIA Son of Late Parmatama Chaurasia Resident of Village - Gopalpur, P.S.- Hussainganj, District - Siwan. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Pandey, Adv.

For the Opposite Party/s :

Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-02-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 197, 341, 323, 324, 308, 379, 447, 448, 504/506 of the Indian Penal Code. The prosecution case got initiated on the basis of written report of Dharmatama Chaurasia submitted before the Station House Officer, Hussainganj Police Station is to the effect that on 30.08.2019, seven accused persons, including the petitioner, entered into the house of the informant and assaulted the

Patna High Court CR. MISC. No.2682 of 2020(2) dt.28-02-2020 2/3 informant and her wife causing injury to the informant. It is alleged that the accused persons snatched a gold chain from the informant.

It is submitted by learned counsel for the petitioner that the accusation is omnibus and general and the impugned order suggests that the case diary does not contain any injury report to corroborate the accusation of assault. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

It is submitted by learned APP for the State that the petitioner is named in the FIR.

Considering the accusation being omnibus and general, the impugned order does not suggest any injury report on record to corroborate the accusation of assault, coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent,let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Siwan, in connection with Hussainganj P.S. Case No.253 of 2019, subject

Patna High Court CR. MISC. No.2682 of 2020(2) dt.28-02-2020 3/3 to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T