Gopal Chaurasiya @ Gopal Kumar Chaurasiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20278 of 2024 Arising Out of PS. Case No.-1064 Year-2023 Thana- MAJHAULIA District- West Champaran ====================================================== GOPAL CHAURASIYA @ GOPAL KUMAR CHAURASIYA Son of Hanuman Bhagat Resident of Village-Chailabhar, Ward No.-09, P.S.- Majhauliya, District-West Champaran, Bettiah. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar, Adv For the Opposite Party/s :
Mr. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 15-04-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Majhaulia P.S Case No. 1064 of 2023 dated 06.12.2023 registered for the offence punishable u/s 341, 447, 323, 307, 379, 387, 504 and 34 of the Indian Penal Code.
3. As per the prosecution case, the petitioner and the co-accused persons tried to grab the land of the informant bearing Khata No. 183, Khesra No. 1139 area 3 Khata 3 dhur. On the alleged date of occurrence the accused persons armed with various weapon came and started abusing the informant.
Patna High Court CR. MISC. No.20278 of 2024(2) dt.15-04-2024 2/3 On being objected, the petitioner and the co-accused persons assaulted the informant with iron rod and snatched his watch and cash of Rs. 10,000/-
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. It is submitted that the matter has amicably been compromised between the parties. It is next submitted that the nature of injuries are not mentioned in the impugned order dated 17.02.2024. There is no specific allegation has been levelled against the petitioner.
5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, West Champaran, Bettiah, in connection with Majhaulia P.S Case No. 1064 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.
Patna High Court CR. MISC. No.20278 of 2024(2) dt.15-04-2024 3/3
7. The application stands allowed.
(Chandra Prakash Singh, J) jyoti/- U T