Suresh Chaurasiya And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55228 of 2016 Arising Out of PS.Case No. -71 Year- 2015 Thana -ARIYARI District- SEKHPURA ======================================================

1. Suresh Chaurasiya, Son of Bihari Chaurasiya

2. Dharo Chaurasiya@Dharmendra Kumar, Son of Suresh Chaurasiya

3. Jitendra Chaurasiya@Jitendra Kumar, Son of Krishna Chaurasiya All residents of village Aruara, P.S. Ariyari District Sheikhpura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar, Advocate. For the Opposite Party/s : Mr. Anuj Kumar Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 06-02-2017 Heard learned counsels for the petitioners and the State.

The petitioners apprehend their arrest in connection with Ariyari P. S. Case No. 71 of 2015 instituted under Sections 341, 323, 337, 307 and 504/34 of the Indian Penal Code and Section 27 of the Arms Act.

The allegation, in brief, is that due to some drainage dispute, accused persons abused and quarreled with the informant and engaged in brick-batting. It is alleged that petitioner Jitendra Chaurasiya opened fire, but did not hit anyone. Learned counsel for the petitioners submits that both sides are neighbours and due to petty disputes, there is case and counter case between them and only one person, as alleged in this

Patna High Court Cr.Misc. No.55228 of 2016 (3) dt.06-02-2017 2/2 case, complained of pain, but there is no physical injury and the petitioners have no criminal antecedent except petitioner no. 1 against whom one case is pending.

Considering the aforesaid facts and circumstances of the case as well as the criminal antecedent against the petitioner no. 1, namely, Suresh Chaurasiya, his prayer for anticipatory bail is rejected and he is directed to surrender before the court below and seek regular bail which shall be considered on merit without being prejudiced by this order.

So far as petitioner nos. 2 and 3 namely Dharo Chaurasiya @ Dharmendra Kumar and Jitendra Chaurasiya @ Jitendra Kumar are concerned, in the event of arrest or surrender before the court below within four weeks from today, they are directed to be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Sheikhpura in connection with Ariari P.S.Case No. 71 of 2015; subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

(Arun Kumar, J) Sujit/- U