Ayodhya Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34195 of 2016 Arising Out of PS.Case No. -77 Year- 2016 Thana -NARHAT District- NAWADA ====================================================== Ayodhya Chauhan Son of Late Dahu Chauhan R/o village- Punaul. P.S.- Narhat, District-Nawada .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravindra Griyaghey Mr. Ravi Shankar Mr. Sunil Kumar Mr. Suman Singh For the Opposite Party/s : Mr. Umesh Lal Verma (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 04-10-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. The petitioner apprehends his arrest in connection with Narhat P.S. Case No. 77 of 2016 for the offences registered under Sections 341, 504, 506, 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

Diary of the present case was called for, which has since been received.

Learned counsel for the petitioner submits that though there is an allegation against the petitioner of having fired at the injured person, the injury report does

not indicate such a shot having been fired. It is further submitted that independent witnesses have stated that actually the petitioner was not present at the place of occurrence.

Learned counsel appearing on behalf of the State after perusal of the case dairy submits that actually no such injury has been found on the person of the informant. Furthermore, the confessional statement of Laljit Chauhan, himself indicates that he had fired two shots and not this petitioner. Independent witnesses at Paragraph -17 of the case diary have stated that it was Laljit Chauhan alone, who had fired and not this petitioner.

Considering the aforesaid facts and circumstances of the case and also the fact that the petitioner has got no criminal antecedents, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nawada, in connection with Narhat P.S. Case

No. 77 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Anjana Mishra, J) Jagdish/- U T