Uday Chauhan v. The State Of Bihar

Patna High Court Cr.Misc. No.45729 of 2015 (4) dt.01-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45729 of 2015 Arising Out of PS.Case No. -94 Year- 2015 Thana -ARIYARI District- SEKHPURA ====================================================== Uday Chauhan Son of Chaudhi Chauhan @ Chouthi Chauhan resident of village - Tadapar, P.S. Ariari, District - Sheikhpura .... .... Petitioner

Versus

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

For the Petitioner : Mr. Bharat Lal For the Opposite Party : Mr. Nityanand Tiwary, App. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-02-2016 Heard learned counsel for the petitioner and learned counsel for the State The petitioner is apprehending his arrest in connection with Ariari P.S. Case No. 94 of 2015 for the offences instituted under Section 411 of the Indian Penal Code.

As per prosecution case that petitioner along with other co-accused came on motorcycle and they started abusing and assaulting the informant and informant's helper Ram Pukar. It is further alleged that they demanded Rs.5,00,000/- and they have threatened to put the all vehicles and machines on fire, but showing pistol, if the aforesaid demand was not met and the accused petitioner returned back. It is further alleged that the present petitioner along with other co-accused persons threatened

Patna High Court Cr.Misc. No.45729 of 2015 (4) dt.01-02-2016 and started to damage machines and took away four batteries along with fan, speaker and damaging the computerized machine. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. Petitioner has been made accused due to mistake of fact. From perusal of Annxure-2, it would appear that the name of the petitioner has been instituted due to mistake of fact.

On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Ariari P.S. Case No. 94 of 2015 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Sheikhpura, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) B.Kr./- U T