Shrawan Chauhan And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.2431 of 2017 (2) dt.28-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2431 of 2017 Arising Out of PS.Case No. -258 Year- 2015 Thana -KHIJARSARAI District- GAYA ======================================================

1. Shrawan Chauhan, son of Musafir Jamadar,

2. Bhoju Chauhan, son of Lakhan Chauhan, Both are residents of village - Mokamchak, Police Station - Buniyadganj, District - Gaya. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manish Kumar No-2, Advocate. For the Opposite Party/s : Mr. Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 28-02-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Khizer Sarai P.S. Case No. 258 of 2015, registered under Sections 302 and 201/34 of the Indian Penal Code. The accusation is that, on 05.09.2015, in the evening, father of the informant had gone to the house of Dhelfekwa Chouhan but he did not return. On 07.09.2015, dead body of his father was found near the road of village Belwa. The informant raised suspicion of having hand of Pinku Ram, Lakhan Chouhan, Musafir Chouhan, Dhelfekwa Chouhan, Dahu Chouhan and Mangar Chouhan in the murder of his father as they had given

Patna High Court Cr.Misc. No.2431 of 2017 (2) dt.28-02-2017 threatening of dire consequences because his brother, Ashok Chouhan, was behind the bar in connection with murder of the son of Lakhan Chouhan.

Learned counsel for the petitioners submits that it would appear from the F.I.R. that petitioners are not named in the F.I.R. as the informant raised suspicion only against six persons named in the F.I.R. but in his re-statement, after two days, informant added the name of both petitioners, who are co-villagers of the informant.

Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-III, Gaya, in connection with Khizer Sarai P.S. Case No. 258 of 2015, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T