Lalljit Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16933 of 2023 Arising Out of PS. Case No.-614 Year-2017 Thana- NAWADA District- Nawada ====================================================== Lalljit Chauhan Son of Jagarnath Chauhan R/V- Mahuli Mohan Beldari P.SNawadah Dist- Nawadah ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Prawesh Kumar, Advocate For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-05-2023 Heard the learned counsel for the petitioner and learned APP for the State.

This is an application for grant of anticipatory bail in connection with Nawadah P.S. Case No.614 of 2017, registered for offences under Sections 341, 323, 379, 354(B), 325, 504, 506 and 34 of the IPC.

The case of the prosecution, in brief, is that on 11.09.2017, at about 6 pm, in the evening, while the informant was returning back from Nawada market, the accused persons had intercepted him and then they had assaulted him.

Patna High Court CR. MISC. No.16933 of 2023(2) dt.25-05-2023 2/3 It is also alleged that when the informant had protested, the petitioner had caught hold of her neck and snatched the tabiz being worn by the informant.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is having a clean antecedent. The learned counsel for the petitioner has further submitted that a general and omnibus allegation has been levelled against all the accused persons and there is no injury report on record to suggest that the informant and her family members had received any injury.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that a general and omnibus allegation has been

Patna High Court CR. MISC. No.16933 of 2023(2) dt.25-05-2023 3/3 levelled qua the accused persons and moreover, there is no injury report on record to suggest that the informant and her family members had received any injury, I deem it fit and proper to admit the petitioner to the privilege of anticipatory bail.

Accordingly, the above named petitioner is directed to be enlarged on anticipatory bail, in the event of his arrest or surrender before the court below, within a period of four weeks from the date of receipt/production of a copy of this order, on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawadah in connection with Nawadah P.S. Case No. 614 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) kanchan/- U T