Anil Chauchan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35746 of 2021 Arising Out of PS. Case No.-255 Year-2019 Thana- DARAUNDA District- Siwan ====================================================== 1.

Anil Chauchan, aged about 40 years, Son of Indrasan Chauhan, Resident of Village - Karsaut, Police Station - Daraunda, District - Siwan. 2.

Kishundeo Ram, Male, aged about 45 years, Son of Madodar Ram, Resident of Village - Karsaut, Police Station - Daraunda, District - Siwan. 3.

Barun Ram @ Barun Kumar, Male, aged about 22 years, Son of Bishundeo Ram, Resident of Village - Karsaut, Police Station - Daraunda, District - Siwan.

4.

Birendra Sah, aged about 45 years, Son of Hazari Sah, Resident of Village - Karsaut, Police Station - Daraunda, District - Siwan. 5.

Amarjeet Ram, Male, aged about 20 years, Son of Bikarma Ram, Resident of Village - Karsaut, Police Station - Daraunda, District - Siwan. 6.

Dhrupnath Ram @ Dhupnath Ram, Male, aged about 25 years, Son of Late Ramnath Ram, Resident of Village - Karsaut, Police Station - Daraunda, District - Siwan.

7.

Kamaldeo Ram, Male, aged about 45 years, Son of Indrasan Ram, Resident of Village - Karsaut, Police Station - Daraunda, District - Siwan. 8.

Sheosagar Ram, Male, aged about 55 years, Son of Bideshi Ram, Resident of Village - Karsaut, Police Station - Daraunda, District - Siwan. ... ... Petitioners

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr. Raghav Prasad, Advocate For the Opposite Party :

Mr. Ashok Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-05-2022 Heard learned counsel for the petitioners and learned counsel for the State.

Learned counsel for the petitioners is directed to remove the defects, as pointed out by the office, within a period of four weeks.

Patna High Court CR. MISC. No.35746 of 2021(2) dt.23-05-2022 2/3 The petitioners are apprehending their arrest in connection with Daraunda P.S. Case No. 255/2019 for the offence registered under Sections 147, 148, 149, 341, 323, 324, 307, 153(A), 504, 506 of the I.P.C. and Section 27 of the Arms Act.

The prosecution story, in brief, is that the petitioners and 10 others alongwith 200-300 male-female abused and created caste unrestr and have brutally assaulted the informant causing grievous injury on his head.

It has been submitted by learned counsel for the petitioners that the petitioner nos. 1 to 4, 7 & 8 have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. As far as petitioners are concerned, no allegation of assault is alleged against them. The specific allegation of assault is alleged against co-accused, namely, Kailash Ram.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances of the case, let the petitioners above named, in the event of arrest or surrender before the learned court below within a period of

Patna High Court CR. MISC. No.35746 of 2021(2) dt.23-05-2022 3/3 twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Siwan, in connection with Daraunda P.S. Case No. 255 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) U.K./- U T