Rajendra Chaurasiya And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35864 of 2015 Arising Out of PS.Case No. -70 Year- 2015 Thana -ARIYARI District- SEKHPURA ======================================================

1. Rajendra Chaurasiya (40 Years) S/o Chhotan Chaurasiya

2. Shulo Chaurasiya @ Surendra Chaurasiya (25 Years) S/o Chhotan Chaurasiya

3. Adhin Chaurasiya (35 Years) S/o Chhotan Chaurasiya

4. Chhotan Chaurasiya (80 Years) S/o Late Tilak Chaurasiya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajit Kumar, Advocate For the Opposite Party/s : Mr. Shailendra Kumar No.1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-09-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under sections 341, 323, 325, 379, 307, 337, 338, 504/34 of the Indian Penal Code and 27 of the Arms Act.

It is alleged that accused persons including the petitioners pelted stones on Jitendra Kumar when the informant came to rescue, the co-accused Ganpati Chaurasia, fired on him. It is also alleged that the accused persons snatched Rs.15,000/- from the informant.

It is submitted by learned counsel for the petitioners

Patna High Court Cr.Misc. No.35864 of 2015 (2) dt.07-09-2015 2/2 that the accusation of assault to Jitendra Kumar is omnibus and general against all the accused persons including the petitioners whereas accusation of assault to the informant is specific against co-accused Ganpati Chaurasia. There is counter version of the occurrence also wherein petitioners' side has also received injury.

It is submitted by learned counsel for the informant that Jitendra Kumar and the informant have received grievous injuries.

In view of the aforesaid, let the learned Court below consider the prayer for regular bail of the petitioners keeping in view of the facts that accusation of pelting stones is against the petitioner is omnibus and general and there is counter version of the occurrence, if the petitioners surrender within a period of six weeks in connection with Ariari P.S. Case No.70 of 2015, pending before the learned SDJM, Sheikhpura.

With the above observation, this application is, accordingly, disposed off.

(Dinesh Kumar Singh, J) Ashwini/- U T