Lallu Chauhan @ Lalan Chaudhary And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.75389 of 2018 Arising Out of PS. Case No.-84 Year-2018 Thana- HISUWA District- Nawada ======================================================
1. LALLU CHAUHAN @ LALAN CHAUDHARY, Son of Sadhu Chauhan,
2. Dharamu Chauhan, Son of Sadhu Chauhan,
3. Dular Chauhan, Son of Sita Ram Chauhan, All resident of Village- Pakriya Tola Noor Bigha, P.S.- Hisua, District- Nawada. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Kumar Verma For the Opposite Party/s :
Md. Sufiyan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-12-2018 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 323, 325, 307, 504, 506 of the Indian Penal Code and 27 of the Arms Act.
The prosecution case, in brief, is that while the informant was harvesting in his field, the accused persons variously armed came and assaulted the informant and his son, as a result of which, they sustained injuries.
It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. There
Patna High Court Cr.Misc. No.75389 of 2018(2) dt.18-12-2018 2/2 is case and counter case between the parties. Free fight is alleged to have taken place. The nature of injury is said to be simple. No offence u/S 307 of the Indian Penal Code is made out. Rest of the offences are triable by the Magistrate. The other co-accused persons with similar allegation have been granted anticipatory bail by a coordinate bench of this court vide order dated 07-08-2018 passed in Cr. Misc. No. 39813 of 2018.
On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada in connection with Hisua P.S. Case No. 84 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) A.K.V.//- U T