Pappu Chauhan @ Pappu Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32431 of 2014 Arising Out of PS.Case No. -72 Year- 2013 Thana -NTPC KHAIRA District- AURANGABAD ====================================================== 1.Pappu Chauhan @ Pappu Kumar son of Jhagru Chauhan, 2.Sunil Chouhan son of Ram Chandra Chouhan, 3.Jhagru Chouhan son of Dasrath Chouhan and 4.Dharam Chouhan @ Dharmu Chauhan son of Rajendra Prasad, All are residents of Village- Narayanpur, p.S. N.T.P.C., Khaira, DistrictAurangabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Asha Kumari(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 21-01-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. The petitioners apprehend their arrest in N.T.P.C. Khaira P.S. Case No.72/13 for the offences under Sections 147, 148, 149, 323, 307, 341, 342, 332, 333, 353, 379, 504, 506 of I.P.C. and Section 27 of Arms Act.

It is submitted on behalf of the petitioners that the entire allegation made in the F.I.R. is false and motivated. As per the F.I.R. itself, the accused were part of a mob which had gathered to sit on a peaceful Dharna in course of which police is said to have used force to disburse the mob. However, the petitioners alleged that actually the police had manufactured the

Patna High Court Cr.Misc. No.32431 of 2014 (2) dt.21-01-2015 2/2 entire F.I.R. along with the company as the B.R.B.C.L. Company had not given compensation for the land acquired and the villagers had been protesting against the same. Since the villagers had come to lodge a protest with the management of the company, the company officials called the police and managed to file a false F.I.R.

Considering the aforesaid submissions and also the allegation as a general and omnibus cannot be attributed to these petitioners as per the F.I.R. itself and also these petitioners have no criminal antecedent, let all the four petitioners, above named, in the event of their arrest or surrender before the court below within two weeks from today, be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of the C.J.M., Aurangabad, in N.T.P.C. Khaira P.S.Case No.72/13 subject to the conditions as laid down under Section 438 (2) of Cr.P.C.

(Anjana Mishra, J) AnilKrSinha/- U T