Sunil Chauhan And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30332 of 2018 Arising Out of PS. Case No.-56 Year-2018 Thana- PAKARIBARAW District- Nawada ======================================================
1. Sunil Chauhan, S/o Ram Khelawan Chauhan,
2. Adhir Chauhan S/o Ram Khelawan Chauhan, Both are R/o Vill.- Chariari, P.S.- Pakribarawan, DistrictNawada. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vibhuti Ranjan Sonvadra, Adv.
For the Informant : Mr. Niranjan Kumar, Adv. For the State :
Mr. Anant Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 18-05-2018 Heard learned counsel for the petitioners and learned counsel for the State.
Learned counsel for the petitioners submits that the petitioner no.2 has been arrested.
That being so, this application has become infructuous as against the petitioner no.2, namely, Adhir Chauhan. In this case, the petitioner is apprehending his arrest in connection with Pakribarawan P.S. Case No. 56 of 2018 registered for offences under sections 147, 148, 341, 323, 307, 379, 504/506 of the Indian Penal Code.
An allegation has been made that on 2.3.2018, all the accused persons came to the house and assaulted the parents of the Informant.
Specific allegation has been made against Sunil
Patna High Court Cr.Misc. No.30332 of 2018(2) dt.18-05-2018 2/2 Chauhan and Adhir Chauhan, who has already been arrested. Learned counsel for the petitioner submits that the alleged offence is said to have committed on 2.3.2018 whereas the case has been lodged after delay of 12 days without any explanation and the First Information Report has been received by the Magistrate on 21.3.2018. He further submits that there is a case and counter case from both sides.
Looking to the entire facts and circumstances of the case, let the petitioner no.1, namely, Sunil Chauhan, in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Nawada in connection with Pakribarawan P.S. Case No. 56 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also subject to condition that whenever the police will call the petitioner for investigation/interrogation, he will remain present and if he would not present himself, the privilege of grant of anticipatory bail shall be deemed to have been canceled.
(Shivaji Pandey, J) rishi/- U T