Lakhan Chauhan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44023 of 2017 Arising Out of PS.Case No. -175 Year- 2017 Thana -WARSALIGANJ District- NAWADA ======================================================

1. Lakhan Chauhan,

2. Raja Ram Chauhan,

3. Krishna Chauhan, All sons of Brahmdeo Chauhan

4. Punia Devi, wife of Lakhan Chauhan, All resident of Village Begrajpur, P.S. Warisaliganj, District- Nawada .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Devendra Prasad Singh For the Opposite Party/s : Md. Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 20-09-2017 Heard the learned counsel for the petitioners, the learned A.P.P. for the state as also the learned counsel for the Informant.

In this application for anticipatory bail the petitioners apprehend their arrest in connection with Warisaliganj P.S. Case No. 175 of 2017 for the offences punishable under sections 147, 148, 149, 341, 323, 324 and 307 of the I.P.C. The learned counsel for the petitioners submits that this case is counter blast of Warisaliganj P.S. Case No. 174 of 2017 which has been lodged by petitioner no.1 Lakhan Chauhan for digging the drainage, the informant and his men have assaulted

Patna High Court Cr.Misc. No.44023 of 2017 (3) dt.20-09-2017 2/2 the petitioners, there was free fight between the parties, all the injuries received by the informant and his men are simple except fracture of ulna bone of Kailash Chauhan which is grievous and as such the petitioners deserve sympathetic consideration. The learned A.P.P. duly assisted by the learned counsel for the informant opposes prayer for pre-arrest bail of the petitioners by submitting that the petitioners have assaulted the informant and his men and has caused several injuries. Kailash Chauhan has received grievous injury also.

In the facts and circumstances stated above, the petitioners, in case of their arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of A.C.J.M-II, Nawada in connection with the aforementioned case, subject to the condition as laid down under section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T