Shivu Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27310 of 2022 Arising Out of PS. Case No.-333 Year-2021 Thana- NOORSARAI District- Nalanda ====================================================== 1.

SHIVU CHAUHAN S/o Indal Chauhan Resident of Village- Beldaripar, P.S.- Noorsarai, District- Nalanda.

2.

Shaka Chauhan S/o Pappu Chauhan Resident of Village- Beldaripar, P.S.- Noorsarai, District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Singh For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-11-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Noorsarai P.S. Case no. 333 of 2021 instituted for the offence punishable under Sections 341, 323, 324, 307, 427, 504/34 of the Indian Penal Code.

As per allegation in the FIR, while the informant forbade co-accused Pappy Chauhan not to make gathering for business of illicit liquor on path, he was beaten up by him. It is further alleged that petitioners armed with pistol, lathi and rod caught hold the informant and accused Bikram Chauhan stabbed knife in his abdomen causing injury in his left side and thrown him near the

Patna High Court CR. MISC. No.27310 of 2022(2) dt.07-11-2022 2/2 railway lane in unconscious condition.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. Specific allegation of stabbing is against co-accused Bikram Chauhan and not against these petitioners. Informant has received only one cut injury in his left side of abdomen, which is attributed to co-accused Bikram Chauhan. They have got no criminal antecedent. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Noorsarai P.S. Case no. 333 of 2021, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJMVII, Biharsharif, Nalanda subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U