Bhrigu Chourasia v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4210 of 2021 Arising Out of PS. Case No.-229 Year-2020 Thana- GOGRI District- Khagaria ====================================================== 1.

BHRIGU CHOURASIA Son of Gajo Chourasia Resident of Village-Hari Nagar, P.S.-Gogri, District-Khagaria.

2.

Maheshwar Chourasia Son of Gajo Chourasia Resident of Village-Hari Nagar, P.S.-Gogri, District-Khagaria.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Praveen Kumar Agrawal For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-07-2021 Heard learned counsel for the petitioners and the State through virtual mode.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy.

The petitioners are apprehending their arrest in a case registered under Sections 147, 149, 448, 341, 323, 324, 506, 307, 379, 188 of the Indian Penal Code.

Allegedly, the accused persons started constructing house on the disputed land of the informant and in consequence thereof, dispute arose and in furtherance of the same, the accused persons started assaulting the informant and also

Patna High Court CR. MISC. No.4210 of 2021(2) dt.26-07-2021 2/3 snatched five Rupees from the pocket.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. General and omnibus allegation has been made against the petitioners. There is case and counter case between the parties. Both parties are said to have sustained injuries in course of the occurrence. The injury on the side of the accused has not been explained by the prosecution.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case and also the lockdown, let the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Gogri P.S. Case No. 229 of 2020 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioners shall

Patna High Court CR. MISC. No.4210 of 2021(2) dt.26-07-2021 3/3 furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T