Dilip Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21842 of 2019 Arising Out of PS. Case No.-287 Year-2018 Thana- SIRDALA District- Nawada ====================================================== 1.

DILIP CHAUHAN Son of Sadhu Chauhan, Resident of Village- Pichhuli, Police Station- Maskaur, District- Nawada.

2.

Ranjeet Chauhan Son of Sadhu Chauhan, Resident of Village- Pichhuli, Police Station- Maskaur, District- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Ranjan Kumar For the Opposite Party/s :

Mr.Manish Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 08-04-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Sirdala (Meskaur) P.S. Case No. 287 of 2018 registered for offence punishable under sections 341, 323, 504, 307, 324, 379, 506/34 of the Indian Penal Code. The learned counsel for the petitioner submits that he wants to withdraw this application with respect to petitioner no. 2, which is allowed and this application is dismissed as withdrawn with respect to petitioner no. 2.

So far petitioner no. 1 is concerned, allegation has been made that he is an order giver and at his instance, the

Patna High Court CR. MISC. No.21842 of 2019(2) dt.08-04-2019 2/3 accused persons assaulted the victim by different weapons. The injury report also indicates the incised cut-wound on the head of the victim.

Looking to the facts and circumstances of the case, the prayer for bail of the petitioner no. 1, namely, Dilip Chauhan is allowed and he, in the event of arrest or surrender before the court below within six weeks from today, is directed to be enlarged on anticipatory bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of concerned court below in connection with Sirdala (Meskaur) P.S. Case No. 287 of 2018, subject to the conditions as laid down under section 438 Cr. PC and also subject to the condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. The petitioner will not induce any witness or tamper with the evidence.

The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. If the petitioner is found involved in similar type of allegation in future, the prosecution will have liberty to file an application for cancellation of his bail bond.

Patna High Court CR. MISC. No.21842 of 2019(2) dt.08-04-2019 3/3 would present himself, In case of failure, the prosecution will have liberty to make a prayer for cancellation of his bail before the court below.

(Shivaji Pandey, J) mkchy/- U T