Sonu Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38682 of 2024 Arising Out of PS. Case No.-3 Year-2024 Thana- KUDHNI District- Kaimur (Bhabua) ====================================================== 1.

Sonu Chauhan S/o Radheshaym, R/o- Vill- Parasiya, P.S- Kudhani, DistKaimur at Bhabau. 2.

Murari Chauhan @ Murali Chauhan S/o- Jiwan Chauhan, R/o- VillParasiya, P.S- Kudhani, Dist-Kaimur at Bhabau. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Tribhuwan Narayan, Advocate.

For the Opposite Party/s :

Mr. Md. Mushtaque Alam, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 26-06-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Kudhani P.S. Case No.03 of 2024 instituted under Sections 147, 148, 149, 323, 307, 427, 504, 506 of the Indian Penal Code.

3. As per the prosecution case, on 18.02.2024 there was marriage of the daughter of the informant and in the night 10 to 12 persons started abusing the Barati and got into fight. It is further stated that after hearing such occurrence elder brother of the informant and his cousin went there to persuade them in the meanwhile accused persons including the petitioner and 5 to

Patna High Court CR. MISC. No.38682 of 2024(2) dt.26-06-2024 2/3 6 unknown persons having arms, lathi-danda caused injury to the informant side and they have also damaged two car and motorcycle of Barati.

4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. He further submits that petitioners are agnate to the informant and due to dispute of trivial nature scuffle took place between the parties for which there is case and counter case between the parties. Learned counsel submits that the injury caused to the informant side is simple in nature. He further submits that petitioners have no criminal antecedent and they undertake to cooperate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount to each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Mohania, District Kaimur at Bhabua in connection with Kudhani P.S. Case No.03

Patna High Court CR. MISC. No.38682 of 2024(2) dt.26-06-2024 3/3 of 2024, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) Ritik/- U T