Gautam Prasad Chaurasia @ Gautam Chaurasia v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31606 of 2018 Arising Out of PS.Case No. -97 Year- 2016 Thana -PANAPUR District- SARAN ======================================================

1. Gautam Prasad Chaurasia @ Gautam Chaurasia, Son of Ram Nath Chaurasia, Resident of Village- Panapur Bazar (Turki), P.S.- Panapur, District- Saran at Chapra.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jeetendra Narayan For the Opposite Party/s : Mr. Sri Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 31-05-2018 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Panapur PS case no. 97 of 2016 instituted for the offences punishable under Sections 436 and other sections of Indian Penal Code.

The allegation is that more than 100 people of the "Bajrang Dal" reached near the hut which is the chicken shop of the informant and started to abuse him. At that time, nine persons named in the FIR including the petitioner sprinkled the kerosene oil at the shop and lit the fire, in which, chicken counter and other articles of the petitioner got burnt.

Patna High Court Cr.Misc. No.31606 of 2018 (2) dt.31-05-2018 2/2 The learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. It is further submitted that the hut of the informant was made in the public land and due to that, villagers made protest and only to exert undue pressure, the informant has lodged the present case with false allegation. It is further submitted that the petitioner is having a clean antecedent and he is languishing in custody since 10.04.2018. It is also stated that similarly situated co-accused person has been enlarged on bail by this Court by an order dated 01.07.2017 passed in Cr.Misc. no. 13447 of 2017. Having regard to the facts and circumstances of the case, the abovenamed petitioner is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-4th , Saran at Chapra in connection with Panapur PS case no. 97 of 2016. (Mohit Kumar Shah, J) rinkee/snehaU T