Sheo Chauhan @ Shiv Chauhan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30971 of 2024 Arising Out of PS. Case No.-15 Year-2024 Thana- NAVINAGAR District- Aurangabad ====================================================== Sheo Chauhan @ Shiv Chauhan S/o Varsen Chauhan R/o Village- Mahuari, P.S.- Nabinagar, District- Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Mukul Kumari, Advocate For the Opposite Party/s :
Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-08-2024
1. Heard learned counsel for the petitioner as well as learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 307, 302, 379, 504, 506 of the IPC in connection with Nabinagar P.S. Case No.15 of 2024.
3. The learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that he along with his friends were going to Sasaram, on the way driver of a Dumper and a motorcyclist entered into an altercation with regard to parking of vehicle, in the meantime someone fire, on this a crowd gathered and started assaulting him and his friends, it is next alleged that Arman, Anjar and Mujahid were beaten to death by the mob.
4. The learned counsel submits that petitioner has
Patna High Court CR. MISC. No.30971 of 2024(3) dt.30-08-2024 2/2 been falsely implicated in the instant case based on confessional statement of Mukesh Chauhan. It is also submitted that Nabinagar P.S. Case No.14 of 2024 was instituted against the informant and his side alleging that it were day who fired causing death of Ram Sharan Chauhan.
5. The learned APP, Mr. Chandra Bhushan Prasad opposes the anticipatory bail application by placing reliance on the case diary and submits that it is the case of mob lynching where three persons have been killed. It is also submitted that petitioner was involved in the occurrence and he assaulted the side of the informant brutally and was identified by the local villagers and was also captured assaulting in the C.C.Tv. Footage.
6. Considering the submissions made by the learned APP, the Court is not inclined to extend the privilege of anticipatory bail to the petitioner, accordingly, the anticipatory bail application is rejected.
(Satyavrat Verma, J) Prakash Narayan U T