Pankaj Chaurasiya And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.62305 of 2017 (2) dt.12-01-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62305 of 2017 Arising Out of PS.Case No. -147 Year- 2016 Thana -KHUDAGANJ District- NALANDA (BIHARSHARIFF) ======================================================

1. Pankaj Chaurasiya,

2. Chandralok Chaurasiya @ Gorka Chaurasiya, Both Sons of Sonu Chaurasiya, R/o Village- Bhauridih, P.S.- Khudaganj, District- Nalanda. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Amitabh Kumar For the Opposite Party/s : Mr. Sri Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 12-01-2018 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Khudaganj PS case no. 147 of 2016 registered for the offences punishable under Sections 504, 436/34 of Indian Penal Code.

The allegation against the accused persons is that on 03.12.2016 at about 7 am while the informant was standing at his house and his sister was cooking food, the petitioners along with other accused persons abused them and threw a burning straw in the angan resulting in the house of the informant catching fire and ultimately all the articles were burnt.

Patna High Court Cr.Misc. No.62305 of 2017 (2) dt.12-01-2018 The learned counsel for the petitioners submits that no specific allegation of any overt act has been attributed to the petitioners herein, the petitioners have filed a case bearing Khudaganj PS case no. 146 of 2016 which is earlier in point of time to the present case and the present case has been filed as a counter blast to the said case, hence present case arises out of case and counter case. It is further submitted that the petitioners have clean antecedents.

Having regard to the facts and circumstances of the case, the abovenamed petitioners, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, are directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of Addl. Chief Judicial Magistrate, Hilsa in connection with Khudaganj PS case no. 147 of 2017 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J.) rinkee/- U T