Chandan Chaurasia v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28073 of 2019 Arising Out of PS. Case No.-111 Year-2018 Thana- BIHARIGANJ District- Madhepura ====================================================== CHANDAN CHAURASIA Son of Shankar Chaurasia R/o Village- Saronikala Ward no 8, P.S.- Bihariganj, Distt- Madhepura. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kumar Vishoka Nand For the Opposite Party/s :

Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-07-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 323, 341, 324, 379, 504, 506, 34 of the Indian Penal Code. As per written report of informant Prithwi Chaurasiya, it is alleged that on 17.05.2018, the accused persons including the petitioner was trying to fill the soil on the share of informant forcibly at the point of illegal arms. On protest, co-accused Arbind Chaurasiya is alleged to have assaulted with Farsa causing injury at his head. When Babloo Chaurasiya came to save him, the petitioner Chandan Chaurasiya assaulted Babloo Chaurasiya by means of iron rod causing injury at his head.

Patna High Court CR. MISC. No.28073 of 2019(3) dt.24-07-2019 2/3 Further allegation of snatching of a cash of Rs. 20,000/- from the pocket of Prithwi Chaurasia by co-accused Arbid Chaurasia, gold-chakti from the neck of Santosh Chaurasia by petitioner and a silver chain from the neck of Babloo by Shankar Chaurasia.

It has been submitted on behalf of the petitioner that he is innocent, bears no criminal antecedent and has been falsely implicated. He submits that the injury report of the Babloo is found to be simple in nature. He further submits that there is case and counter case between the informant and the accused persons.

In the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class Udakishunganj, Madhepura in connection with Bihariganj Police Station Case No. 111 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the

Patna High Court CR. MISC. No.28073 of 2019(3) dt.24-07-2019 3/3 investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Anjani Kumar Sharan, J) devendra/- U T