Ram Pravesh Chaurasiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8915 of 2023 Arising Out of PS. Case No.-161 Year-2022 Thana- HALSI District- Lakhisarai ====================================================== RAM PRAVESH CHAURASIYA Son of Vasudev Chaurasiya Resident of Village- Gerua Pursanda, P.S.- Halsi, District- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mayank Bilochan,Adv.

For the Opposite Party/s :

Mr.Pramod Kumar Pandey,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-05-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner apprehends his arrest in connection with Hilsa P.S. Case No.161 of 2022, registered for the offences punishable under Sections 341, 323, 325, 379, 307, 427, 504/34 of the Indian Penal Code.

The allegation is regarding the accused persons including the petitioner herein having arrived at the premises of the informant, while he was getting the cemented sheets uplifted on the cow shed, whereafter they had assaulted the informant and his mother. As far as the petitioner

Patna High Court CR. MISC. No.8915 of 2023(2) dt.19-05-2023 2/3 is concerned, he is stated to have given an iron rod blow on the back side of the head of the mother of the informant, resulting in her sustaining serious injuries.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is having a clean antecedent. The learned counsel for the petitioner has further submitted that there is no injury report on record of the case to corroborate the allegation regarding the petitioner having assaulted the mother of the informant, hence a false story has been cooked up in order to falsely implicate the petitioner in the present case. Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact

Patna High Court CR. MISC. No.8915 of 2023(2) dt.19-05-2023 3/3 that it is the averment of the petitioner that there is no injury report on record of the case and the petitioner is having a clean antecedent, though, I deem it fit and proper to admit the petitioner herein to the privilege of anticipatory bail, however subject to verification by the learned trial court as to whether any injury report qua the mother of the informant is on record of the case or not.

Accordingly, the petitioner, above named, is directed to be released on anticipatory bail in the event of his arrest/surrender before the court below within a period of four 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 learned Judicial Magistrate, 1st Class, Lakhisarai in connection with Hilsa P.S. Case No.161 of 2022 subject to the conditions as stipulated under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) S.Sb/sonalU T