Bhola Chauhan @ Bhola Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35683 of 2021 Arising Out of PS. Case No.-268 Year-2020 Thana- DHANAHA District- West Champaran ====================================================== 1.

Bhola Chauhan @ Bhola Mahto, Male, aged about 40 years, Son Of Late Shyam Lal Chauhan, Resident Of Village- Noniya Pati P.S- Dhanaha, DistWest Champaran. 2.

Baharan @ Baharan Chauhan @ Rambir Chauhan, Male, aged about 20 years, Son Of Bhola Chauhan @ Bhola Mahto, Resident Of Village- Noniya Pati P.S- Dhanaha, Dist- West Champaran.

3.

Ghulbuli @ Gulbuli Chauhan @ Amrit Kumar, Male, aged about 50 years, Son Of Late Inar Chauhan, Resident Of Village- Noniya Pati, P.S- Dhanaha, Dist- West Champaran.

4.

Kumar Chauhan @ Raj Kumar Chauhan, Male, aged about 50 years, Son Of Late Inar Chauhan, Resident Of Village- Noniya Pati, P.S- Dhanaha, Dist- West Champaran.

5.

Radhika Devi, Female, aged about 37 years, W/O Bhola Chauhan @ Bhola Mahto, Resident Of Village- Noniya Pati. P.S- Dhanaha, Dist- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioners :

Mr. Prithvi Nath Mishra, Advocate For the Opposite Party :

Mr. Dinesh Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-04-2022 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.

The petitioners are apprehending their arrest in connection with Dhanaha P.S. Case No. 268 of 2020 for the

Patna High Court CR. MISC. No.35683 of 2021(2) dt.28-04-2022 2/3 offence registered under Sections 341, 323, 307, 379, 427 and 504/34 of the I.P.C.

The prosecution story, in brief, is that the petitioners alongwith F.I.R. named accused persons variously armed with Lathi and Danda came at the door of the informant and started assaulting him, his father, son and brother by Lathi and caused them injury and also took out Rs. 12,000/- from the pocket of the informant.

It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. They have falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioners. General and omnibus allegation has been made against the petitioners. No specific allegation of assault is alleged against the petitioners.

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 twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand)

Patna High Court CR. MISC. No.35683 of 2021(2) dt.28-04-2022 3/3 each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-Ist Class, Bagaha (West Champaran), in connection with Dhanaha P.S. Case No. 268 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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