Raj Nandan Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18757 of 2016 Arising Out of PS.Case No. -117 Year- 2015 Thana -NARDIGANJ District- NAWADA ======================================================

1. Raj Nandan Chauhan Son of Late Yodhan Chauhan @ Late Jodhan Chauhan, Resident of Village - Chhilkapar, P.S. - Nardiganj, District - Nawada.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prem Ranjan Kumar For the Opposite Party/s : Mr. Shyam Bihari Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-05-2016 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under sections 147,148,149,341,323,324,307,354A,379,504 and 506 of the Indian Penal Code and section 27 of the Arms Act. The prosecution case is that the accused persons including the petitioner assaulted the informant, on alarm being raised, the brother of the informant came to rescue then co accused Chandrashekhar Chouhan fired but it did not cause injury to any one. The petitioner assaulted the brother of the informant with lathi when the mother of the

Patna High Court Cr.Misc. No.18757 of 2016 (2) dt.02-05-2016 2/3 informant came to rescue, she was being assaulted by co accused Devki Chauhan with lathi and co accused Lallu Chauhan snatched gold chain and ear ring worth rupees thirty thousand of the informant's mother.

It is submitted by the learned counsel for the petitioner that in the background of earlier dispute the accusation has been levelled. At earlier point of time the nephew of the informant filed Complaint Case No. 6929 of 2015 against the informant hence as a retaliatory measure the accusation has been levelled. It is further submitted that the accusation of assault to the informant is omnibus and general against seven accused persons but he has received one grievous injury on his shoulder. It is alleged that the petitioner assaulted on the head of the informant's brother but two injuries simple in nature were found his leg. Statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

The aforesaid facts constitute ground for consideration of the prayer for regular bail of the petitioner by the learned court below in case the petitioner surrenders within six weeks from today in connection with Nardiganj P.S. Case No. 117 of 2015 pending in the court of learned SDJM,

Patna High Court Cr.Misc. No.18757 of 2016 (2) dt.02-05-2016 3/3 Nawada.

This application is disposed of with the aforesaid observation/direction.

(Dinesh Kumar Singh, J) Anil/- U T