Nagendra Kumar @ Nagendra Chauhan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44584 of 2024 Arising Out of PS. Case No.-244 Year-2023 Thana- ATRI District- Gaya ====================================================== 1.
Nagendra Kumar @ Nagendra Chauhan S/o Hari Chauhan R/o Village-Jota Tola Manka, P.S.- Atri, dist.-Gaya 2.
Tuntun Kumar @ Tuntun Chauhan S/o Hari Chauhan R/o Village-Jota Tola Manka, P.S.- Atri, dist.-Gaya 3.
Dharmendra Chauhan S/o Brahamdeo Chauhan R/o Village-Jota Tola Manka, P.S.- Atri, dist.-Gaya 4.
Kapil Chauhan @ Kapildev Kumar S/o Mahendra Chauhan R/o Village-Jota Tola Manka, P.S.- Atri, dist.-Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar For the Opposite Party/s :
Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-08-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The instant application for anticipatory bail has been filed by rest of the petitioners apprehending their arrest in connection with Atri P.S. Case no. 244 of 2023 instituted for the offence under Sections 341, 323, 307/34 of the Indian Penal Code.
3. As per allegation in the FIR, accused persons were leveling the barren land of the informant for the
Patna High Court CR. MISC. No.44584 of 2024(3) dt.02-08-2024 2/3 purpose of constructing the way. On objection being raised by the informant, accused persons assaulted the informant and his cousin by means of lathi, Garasa and iron rod resulting into their injuries.
4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and they have falsely been implicated in this case. There is case and counter case between the parties. General and omnibus allegations have been levelled against the petitioners. Members of both sides have received injury. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. Similarly situated several co-accused persons have been granted bail, vide order dated 20.07.2024, passed in Cr.Misc. No. 50859 of 2024, by this Court.
5. Learned APP appearing for the State has opposed the prayer of Bail.
6. 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
Patna High Court CR. MISC. No.44584 of 2024(3) dt.02-08-2024 3/3 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 Atri P.S. Case no. 244 of 2023, he will be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Gaya subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J) Nirajkrs/- U T