Dharmendra Prasad Chaurasia @ Krishna Kumar Chaurasia @ Dharmendra Prasad @ Krishna Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5095 of 2015 Arising Out of PS.Case No. -108 Year- 2014 Thana -GAUNAHA District- WESTCHAMPARAN (BETTIAH) ====================================================== Om Prakash Chaurasia Son of late Ramadhar Chaurasia Resident of Village - Shrirampur, P.S. Gaunaha, District - West Champaran, Bettiah. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== With Criminal Miscellaneous No.6221 of 2015 Arising Out of PS.Case No. -108 Year- 2014 Thana -GAUNAHA District- WESTCHAMPARAN (BETTIAH) ====================================================== Dharmendra Prasad Chaurasia @ Krishna Kumar Chaurasia @ Dharmendra Prasad @ Krishna Kumar Son of Late Ramayan Chaurasia Resident of Village - Sri Rampur, Police Station Gaunaha, District - West Champaran .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.5095 of 2015) For the Petitioner/s : Mr. Jitendra Narain Sinha For the Opposite Party/s : Mr. Sanjay Kumar Sharma(App) (In Cr.Misc. No.6221 of 2015) For the Petitioner/s : Mr. Shiv Kumar Dwivedy For the Opposite Party/s : Mr. Ajay Kumar No.1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 10-03-2015 Heard learned counsels for the petitioners and the State.
The petitioners are languishing in custody since 06.10.2014 and 18.11.2014 in a case registered for the
Patna High Court Cr.Misc. No.5095 of 2015 (02) dt.10-03-2015 2/3 offences punishable under Sections 147, 148, 149, 341, 323, 324, 427, 307, 379, 504 of the Indian Penal Code. Subsequently section 302 of the IPC was also added.
It is alleged that co-accused Shashi Bhushan assaulted the informant with Farsa. When the uncle of the informant came to rescue then co-accused Munna Prasad Chaurasia assaulted him with Farsa. The uncle of the informant Sahdeo Chaurasia succumbed to the injuries. Co-accused Arun Kumar Chaurasia alleged to have assaulted Chandan Kumar Chaurasia, the nephew of the informant. Co-accused Rajesh Chaurasia assaulted Shambhu Prasad Chaurasia with lathi. It is submitted by learned counsel for the petitioner Om Prakash Chaurasia that there is no accusation of overt act against him except that he took out Rs.1200/- from the pocket of the nephew of the informant and there is counter version of the occurrence also and co-accused Rajesh Chaurasia and Arun Kumar Chaurasia have been granted bail vide Cr. Misc. No. 1098 of 2015.
It is submitted by learned counsel for the petitioner Dharmendra Prasad Chaurasia that there is no accusation of overt act against him also.
Considering the aforesaid facts, let the above
Patna High Court Cr.Misc. No.5095 of 2015 (02) dt.10-03-2015 3/3 named petitioners, 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 learned Chief Judicial Magistrate/Judicial Magistrate, Ist Class, West Champaran, Bettiah in connection with Gaunaha P.S. Case No. 108 of 2014. (Dinesh Kumar Singh, J) DKS/- U T