Radhe Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7570 of 2021 Arising Out of PS. Case No.-59 Year-2020 Thana- NAWADA MUFFASIL District- Nawada ====================================================== 1.

Radhe Chauhan, Male, aged about 45 years, Son of Late Gore Lal Chauhan, Resident of Village- Bahri Bigha, P.S.- Muffasil, District- Nawada. 2.

Jitendra Kumar, aged about 22 years, Son of Radhe Chauhan, Resident of Village- Bahri Bigha, P.S.- Muffasil, District- Nawada. 3.

Rahul @ Rahul Kumar @ Chandan Kumar, Male, aged about 20 years, Son of Radhe Chauhan, Resident of Village- Bahri Bigha, P.S.- Muffasil, District- Nawada.

... ... Petitioners

Versus

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

For the Petitioners :

Mr. Deepak Kumar, Advocate.

For the Opposite Party :

Mrs. Renu Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-05-2021 Learned counsel for the petitioners is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioners and learned counsel for the State through virtual mode.

The petitioners are apprehending their arrest in a case for the offence registered under Sections 341, 323, 354, 307, 379, 504, 506, 448/34 of the I.P.C. and 37(c) of the Bihar Prohibition and Excise (Amendment) Act, 2018. The prosecution story, in brief, is that the petitioners are alleged to have assaulted the informant and other in drunken

Patna High Court CR. MISC. No.7570 of 2021(2) dt.26-05-2021 2/3 state.

It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. They have falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners are alleged to have assaulted the informant and others in drunken state. It has further been submitted that the matter has been compromised between the parties as per statement made in paragraph no. 11 of the petition. The informant has retracted from his earlier statement made in the F.I.R.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R/ Complaint Case. 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 the learned Additional Sessions Judge-II-cum-Special Judge, Nawada, in connection with Muffasil P.S. Case No. 59 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Patna High Court CR. MISC. No.7570 of 2021(2) dt.26-05-2021 3/3 Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/-(Rupees Ten Thousand) each 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) U.K./- U T