Rajesh Chauhan @ Pandit Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12534 of 2020 Arising Out of PS. Case No.-110 Year-2019 Thana- MANPUR District- Nalanda ====================================================== 1.

RAJESH CHAUHAN @ PANDIT CHAUHAN Son of Bale Chauhan Resident of Village - Devkali Bigha, Beldariya, P.S.- Manpur, DistrictNalanda 2.

Uday Chauhan Son of Bale Chauhan Resident of Village - Devkali Bigha, Beldariya, P.S.- Manpur, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ganesh Sharma, Advocate For the Opposite Party/s :

Mr.Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-03-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 302 of the Indian Penal Code.

Allegation is that the accused persons including the petitioners and two unknown persons assaulted the brother of the informant, namely, Naresh Chauhan, on account of which he died. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. As per the F.I.R., on 07.06.2019 an altercation had taken place between the parties. Thereafter the matter was settled by the panchayat.

Patna High Court CR. MISC. No.12534 of 2020(3) dt.19-03-2021 2/2 Subsequently the deceased died in the night of 11.06.2019. The informant suspects that the death is due to altercation, which had taken place on 07.06.2019. There is no postmortem report on record with the case diary. The cause of death could not be ascertained. Except for this, there is no other substantive evidence to suggest the implication of the petitioners in the present case. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate V, Nalanda at Biharsharif in connection with Manpur P.S. case No.110 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T