Dharmandar Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16563 of 2022 Arising Out of PS. Case No.-308 Year-2021 Thana- PAKARIBARAW District- Nawada ====================================================== 1.

Dharmandar Chauhan Son Of Sri Hiraman Chauhan Resident Of Village - Gangati, P.O.- Risse, P.S.- Pakribarawan, Distt.- Nawada. 2.

Anil Chauhan Son Of Sri Narayan Chauhan Resident Of Village - Gangati, P.O.- Risse, P.S.- Pakribarawan, Distt.- Nawada. 3.

Sudarshan Chauhan Son Of Sri Laxman Chauhan Resident Of Village - Gangati, P.O.- Risse, P.S.- Pakribarawan, Distt.- Nawada. 4.

Ganesh Chauhan Son Of Sri Kishun Chauhan Resident Of Village - Gangati, P.O.- Risse, P.S.- Pakribarawan, Distt.- Nawada. 5.

Balmiki Chauhan Son Of Sri Ramji Chauhan Resident Of Village - Gangati, P.O.- Risse, P.S.- Pakribarawan, Distt.- Nawada. 6.

Harinandan Chauhan Son Of Rohan Chauhan Resident Of Village - Gangati, P.O.- Risse, P.S.- Pakribarawan, Distt.- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-10-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 342, 323, 324, 325, 307, 302, 379 of the Indian Penal Code.

It is a case of assault to the husband of the

Patna High Court CR. MISC. No.16563 of 2022(3) dt.12-10-2022 2/3 informant by the F.I.R named accused persons including the petitioners due to which, he succumbed to the injuries.

It is submitted by learned counsel for the petitioners that petitioners are innocent and they have falsely been implicated in the present case without any cogent and reliable evidence. It is further submitted that the petitioners were not present at the place of occurrence, as such they had no knowledge about the occurrence until they were taken into the custody. There is no corroborative evidence to connect the petitioners with the offence. It is also submitted that no any incriminating article or weapon had been recovered from the possession of the petitioners. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent.

Learned A.P.P appearing on behalf of the State has vehemently opposed the prayer of the petitioners for anticipatory bail and submitted that the petitioners along

Patna High Court CR. MISC. No.16563 of 2022(3) dt.12-10-2022 3/3 with other co-accused had assaulted the husband of the informant due to which the deceased sustained approximately 26 injuries. It is also submitted that the petitioners are named in the F.I.R. and witnesses mentioned in the Case Diary also supported the prosecution case.

Considering the above-stated facts, this Court is not inclined to grant privilege of anticipatory bail to the petitioners.

The prayer for anticipatory bail of the petitioners stands rejected.

(Sunil Kumar Panwar, J) nirajkrs/- U T