Mithilesh Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26426 of 2020 Arising Out of PS. Case No.-178 Year-2019 Thana- THARTHARI District- Nalanda ====================================================== 1.

Mithilesh Chauhan, aged about 32 years, S/O Bramhudev Chauhan 2.

Munna Chauhan, aged about 48 years, S/O Late Chandradev Chauhan 3.

Shukhdev Chauhan, aged about 50 years, S/O Late Chandradev Chauhan 4.

Dharamvir Chauhan, aged about 40 years, S/O Chandradev Chauhan All are resident of Village - Noniya Bigha, P.S. - Tharthari, District - Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Kumari Sujata Sinha, Adv.

For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 21-10-2020 Heard the counsel for the parties.

The petitioners seek bail in anticipation of their arrest in connection with Tharthari P.S. Case No. 178 of 2019, dated 17,11.2019, instituted for the offences under Sections 341, 323, 307, 354, 325 and 34 of the Indian Penal Code.

Patna High Court CR. MISC. No.26426 of 2020(2) dt.21-10-2020 2/3 The petitioners and five others are said to have assaulted the brother-in-law of the informant and threw him from the roof. As a result of the aforesaid assault, the brother-in-law of the informant became injured. It has been submitted on behalf of the petitioners that there is a counter version of the occurrence, which has been lodged by one Bipi Kumar vide Tharthari P.S. Case No. 177 of 2019. So far as the allegation against the petitioners is concerned, it is only general and omnibus. Apart from this, it has been submitted that the Doctor has found five injuries on the person of the brother-in-law of the informant. The injuries are simple in nature, caused by hard and blunt substance. The injuries on the side of the petitioners are grievous.

It appears that there was a free-fight between two parties and both have sustained injuries.

Considering the aforesaid facts, the petitioners above named, in the event of their arrest or surrender before the learned Court below within a period of eight weeks, are directed to be released on bail on their furnishing

Patna High Court CR. MISC. No.26426 of 2020(2) dt.21-10-2020 3/3 bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Hilsa, Nalanda in connection with Tharthari P.S. Case No. 178 of 2019, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(Ashutosh Kumar, J) Praveen-II/- U T