Mukesh Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31660 of 2016 Arising Out of PS.Case No. -7 Year- 2016 Thana -SHEIKHOPUR SARAI District- SEKHPURA ====================================================== Mukesh Chauhan, son of Rajaram Prasad @ Raja Ram Chauhan, Resident of village - Mahmada, P.S. Barbigha, District - Sheikhpura .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Nilesh Kumar, Advocate For the Opposite Party/s : Mr. Sri Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 17-08-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 7.6.2016 in a case registered under Section 394 of the Indian Penal Code. Although, petitioner is named in the first information report but according to the prosecution case itself, the alleged occurrence took place on 28.12.2015 whereas the informant gave written report to the concerned police station on 14.1.2016. The explanation regarding the aforesaid delay was given by the informant that he was sustained injury in the said occurrence and he was taking treatment in hospital and that was the reason, he could not lodge the case in time.

No doubt, petitioner does have criminal antecedent of

Patna High Court Cr.Misc. No.31660 of 2016 (2) dt.17-08-2016 2/2 two cases and named in the first information report but taking into consideration the above stated facts and circumstances as well as this aspect of the matter that nothing has been recovered from conscious possession of the petitioner, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistraste, Sheikhpura in connection with Shekhopur Sarai P.S. Case No.07 of 2016. (Hemant Kumar Srivastava, J) N.H./- U T