Surendra Chaurasiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17540 of 2023 Arising Out of PS. Case No.-136 Year-2022 Thana- KORANSARAI District- Buxar ====================================================== SURENDRA CHAURASIYA Son of Late Haridwar Chaurasia R/O Village - Lahana, P.O.- Kanjharua, P.S.- Koran Sarai, District - Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Mohan Ray,Adv.

For the Opposite Party/s :

Mr.Syed Mojibur Rahman,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-05-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. This is an application for grant of anticipatory bail in connection with Koran Sarai P.S. Case No.136 of 2022, registered for the offences punishable under Sections 147, 148, 149, 323, 354, 354 (B), 379, 504 and 506 of the Indian Penal Code. The case of the prosecution, in brief, is that five accused persons including the petitioner herein, had arrived at the house of the informant/ complainant on the alleged date and time of occurrence, whereafter they had entered the house and assaulted the informant/ complainant and her family members.

Patna High Court CR. MISC. No.17540 of 2023(2) dt.25-05-2023 2/3 The learned counsel for the petitioner submits 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 qua the petitioner herein, however he has not been alleged to have engaged in any sort of specific overt act. It is also submitted that none of the members of the prosecution party have received any injuries and in fact there is no injury report on record of the case to suggest that any of the members of the prosecution party had sustained any serious injuries.

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 petitioner, taking into account the materials available on record as also considering the fact that a general and omnibus allegation has been levelled against the petitioner and moreover, there is no

Patna High Court CR. MISC. No.17540 of 2023(2) dt.25-05-2023 3/3 injury report on record to suggest that the informant and her family members have sustained any injuries, I deem it fit and proper to admit the petitioner to the privilege of anticipatory bail. Accordingly, the 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 District & Sessions Judge, Buxar in connection with Koran Sarai P.S. Case No.136 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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