Hari Chauhan @ Hari Jamadar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50859 of 2024 Arising Out of PS. Case No.-244 Year-2023 Thana- ATRI District- Gaya ====================================================== 1.

Hari Chauhan @ Hari Jamadar Son of Late Hiramani Chauhan Resident of Village - Jota Tola Manka, P.S.- Atri, District - Gaya. 2.

Kailash Chauhan Son of Late Hiraman Chauhan Resident of Village - Jota Tola Manka, P.S.- Atri, District - Gaya.

3.

Ravi Chauhan Son of Brahamdev Chauhan Resident of Village - Jota Tola Manka, P.S.- Atri, District - 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. Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-07-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. At the outset, it is submitted by learned counsel for the petitioners that during pendency of this application, petitioner no. 2 has been arrested and, as such, he seeks permission to withdraw this application against him.

3. In view of the aforesaid submission, this application is dismissed as withdrawn only against petitioner no. 2.

4. The instant application for anticipatory bail has been filed by rest of the petitioners apprehending their arrest in

Patna High Court CR. MISC. No.50859 of 2024(2) dt.20-07-2024 2/3 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.

4. As per allegation in the FIR, accused persons were levelling the barren land of the informant for the 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.

5. 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. General and omnibus allegations have been levelled against the petitioners. Members of both sides have received injury.

6. Learned APP appearing for the State has opposed the prayer of Bail.

7. 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 petitioner nos. 1 and 3 on bail. The petitioner nos. 1 and 3 are directed to surrender in the Court below within a period of four weeks from today and in the event

Patna High Court CR. MISC. No.50859 of 2024(2) dt.20-07-2024 3/3 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) with two sureties of the like amount each to the satisfaction of learned CJM, Gaya subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U