Ashok Chauhan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17207 of 2023 Arising Out of PS. Case No.-280 Year-2022 Thana- KHIJARSARAI District- Gaya ====================================================== 1.
ASHOK CHAUHAN Son of Late Parmeshwar Chauhan R/V- Koniya, PSKhizersarai, Dist- Gaya 2.
Tijiya Devi Wife of Ashok Chauhan R/V- Koniya, PS- Khizersarai, DistGaya 3.
Rahul Kumar Son of Ashok Chauhan R/V- Koniya, PS- Khizersarai, DistGaya 4.
Chandan Kumar son of Ashok Chauhan R/V- Koniya, PS- Khizersarai, DistGaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gajendra Kumar Singh For the Opposite Party/s :
Mr. Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-07-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.
Learned counsel for the petitioners seeks permission to withdraw this application with regard to petitioner no. 1 submitting that during pendency of this application the petitioner no. 1 has already been apprehended by the police. Permission is granted.
Accordingly, this application with regard to petitioner no. 1 is dismissed as withdrawn.
Now, this application is being heard only with regard
Patna High Court CR. MISC. No.17207 of 2023(3) dt.04-07-2023 2/3 to petitioners no. 2, 3 and 4, only.
Heard learned counsel for the petitioners and learned APP for the State.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 341, 323, 307, 504 and 506 of the Indian Penal Code. As per the prosecution case, the petitioners along with other accused persons are said to have assaulted the informant and his family members.
Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that there is case and counter case between the parties and due to land dispute between the parties there is simple fight between both parties and both sides have sustained injury. Petitioners have one criminal antecedent as mentioned in para-3 of this application.
Learned APP for the State opposes prayer for anticipatory bail.
Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the
Patna High Court CR. MISC. No.17207 of 2023(3) dt.04-07-2023 3/3 event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Khizersarai P.S. Case No.280 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) anand/- U T