Vishundeo Chauhan @ Visundeo Chauhan @ Vishnudeo Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 13872 of 2020 Arising Out of PS. Case No.-109 Year-2019 Thana- SINGHESHWAR District- Madhepura ====================================================== 1.

VISHUNDEO CHAUHAN @ VISUNDEO CHAUHAN @ VISHNUDEO CHAUHAN S/o Late Premi Chauhan Resident of Village- Budhabe/ Budhave, Ward No.15, Police Station- Singheshwar, Distt- Madhepura. 2.

Rajo Chauhan S/o Late Premi Chauhan Resident of Village- Budhabe/ Budhave, Ward No.15, Police Station- Singheshwar, Distt- Madhepura. 3.

Amod Chauhan S/o Vishundeo Chauhan Resident of Village- Budhabe/ Budhave, Ward No.15, Police Station- Singheshwar, Distt- Madhepura. 4.

Anmol Chauhan S/o Lalo Chauhan Resident of Village- Budhabe/ Budhave, Ward No.15, Police Station- Singheshwar, Distt- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Singh For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-06-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 323, 324, 341, 354(B), 307, 504 and 506/34 of the Indian Penal Code.

Allegedly, while the informant was at his Darwaza, the

Patna High Court CR. MISC. No. 13872 of 2020(2) dt.26-06-2020 2/3 accused persons came there and having abused him, demolished the straw made house of the informant. On protest made by the informant and his family members, the accused persons started assaulting them, as a result of which, they sustained injuries. 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. The petitioners have been falsely implicated in the present case. There is case and counter case between the parties. Free fight is alleged to have taken place between the parties. The injury on the side of the accused has not been explained by the prosecution. The prosecution has not come with clean hands.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case and also the lockdown, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of learned Chief Judicial Magistrate, Madhepura in connection with Singheshwar P.S. Case No. 109 of 2019 subject to the

Patna High Court CR. MISC. No. 13872 of 2020(2) dt.26-06-2020 3/3 conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of seven weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T