Mahesh Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23992 of 2023 Arising Out of PS. Case No.-641 Year-2022 Thana- HISUWA District- Nawada ====================================================== 1.

Mahesh Chauhan Son Of Pannu Chauhan Resident Of Village- Umrao Bigha, Ps- Hisua Distt- Nawada 805129 2.

Ganesh Chauhan Son Of Pannu Chauhan Resident Of Village- Umrao Bigha, Ps- Hisua Distt- Nawada 805129 3.

Prabhu Chauhan Son Of Pannu Chauhan Resident Of Village- Umrao Bigha, Ps- Hisua Distt- Nawada 805129 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vivek Kumar Sinha For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-06-2023 At the outset, counsel for the petitioners seeks permission to withdraw this anticipatory bail application with rsepect to Mahesh Chauhan petitioner no. 1, as during pendency of this case, Mahesh Chauhan petitioner no. 1 has already been arrested.

Permission is granted. The anticipatory bail application is dismissed as withdrawn having become infructuous with respect to petitioner no. 1. Heard learned counsel for the petitioners and learned counsel for the State.

The petitioner nos. 2, 3 apprehend their arrest in a

Patna High Court CR. MISC. No.23992 of 2023(2) dt.27-06-2023 2/3 case registered for the offences punishable under Sections 307, 354(B), 379 and other allied sections of the Indian Penal Code. As per the prosecution case, all the accused persons including petitioners variously armed assaulted the informant, his son and the son of brother-in-law of informant. It is submitted that as per the FIR specific accusation of assault is against co-accused Mahesh Chauhan who is alleged to have assaulted the informant with sword, as a result of which he sustained grievous injury. Injuries caused by petitioner nos. 2 and 3 is simple in nature. There is case and counter case. The present case is counter version of Hisua PS Case No. 640 of 2022 which was lodged by petitioner no. 2 against informant and others. Petitioners claim clean antecedents.

Considering the facts aforesaid, the petitioner nos. 2 and 3 above-named, in the event of their arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate VI, Nawada in connection with Hisua P.S. Case No.

Patna High Court CR. MISC. No.23992 of 2023(2) dt.27-06-2023 3/3 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T