Mithilesh Chauhan @ Mithlesh Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48090 of 2019 Arising Out of PS. Case No.-332 Year-2018 Thana- HISUWA District- Nawada ====================================================== 1.

Mithilesh Chauhan @ Mithlesh Chauhan, Son of Uday Chauhan, Resident of village - Tarauni, P.S.- Hisua, Dist.- Nawada. 2.

Nitish Kumar, Son of Nawal Chauhan, Resident of village - Tarauni, P.S.- Hisua, Dist.- Nawada.

3.

Deepak Kumar, Son of Gulli Chauhan Resident of village - Tarauni, P.S.- Hisua, Dist.- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hansraj For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-08-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 307, 379, 504 and 506/34 of the Indian Penal Code. The prosecution case is that the co-accused Uday Chauhan assaulted the informant with iron rod and snatched Rs.500/-and when Guddu Yadav and Satendra Yadav came to rescue then the petitioners and co-accused Somari Chauhan assaulted them.

It is submitted by learned counsel for the petitioners

Patna High Court CR. MISC. No.48090 of 2019(2) dt.01-08-2019 2/2 that the accusation is omnibus and general and the injury has been found to be simple in nature. A statement has been made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent.

Learned APP submits that there is specific accusation of assault against the petitioners.

Considering the nature of injury caused and statement being made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada in connection with Hisua P.S. Case No. 332 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T