Arjun Chauhan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50609 of 2019 Arising Out of PS. Case No.-112 Year-2019 Thana- NARDIGANJ District- Nawada ====================================================== 1.
ARJUN CHAUHAN Son of Lakhan Chauhan Resident of Village - Tilak Chak, P.S.- Nardiganj, Distt - Nawada.
2.
Yogendra Chauhan Son of Surendra Chauhan Resident of Village - Tilak Chak, P.S.- Nardiganj, Distt - Nawada.
3.
Pankaj Kumar @ Pankaj Chauhan Son of Satyanarayan Chauhan Resident of Village - Tilak Chak, P.S.- Nardiganj, Distt - Nawada. 4.
Subodh Chauhan Son of Sahdeo Chauhan Resident of Village - Tilak Chak, P.S.- Nardiganj, Distt - Nawada.
5.
Saheb Chauhan Son of Sadhu Yadav Resident of Village - Tilak Chak, P.S.- Nardiganj, Distt - Nawada.
6.
Santosh Chauhan Son of Krishna Chauhan Resident of Village - Tilak Chak, P.S.- Nardiganj, Distt - Nawada.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Kumar Verma For the Opposite Party/s :
Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-08-2019 Heard both sides.
The petitioners apprehend their arrest in Nardiganj P.S. case No. 112 of 2019 registered under Section 147, 149, 341, 323, 307, 337, 379 of the IPC.
The informant alleged that he got information from Pradip Kumar that he was being assaulted by 5-6 persons. When the informant went there, Yogendra Chauhan, petitioner No.2, assaulted him with iron rod on his head. Other accused persons
Patna High Court CR. MISC. No.50609 of 2019(2) dt.14-08-2019 2/3 are also alleged to have assaulted the informant with fists and slaps and snatched money.
The learned counsel for the petitioners submits that wife of petitioner No.2 lodged Nardiganj P.S. case No. 113 of 2019 and she disclosed that she was going along with her husband to appear at the examination but an auto rickshaw came and stopped near the motor cycle of her husband. In the meantime another motor cycle passed through the road and some muds and dirty water fell on the persons sitting in the auto rickshaw for which some altercation took place and accused persons assaulted the informant and her husband. It is further submitted that informant got only one injury which is simple in nature (Annexure-3).
Taking into consideration the facts that from both sides there is case and counter case for the same incident and the informant got simple injury, the petitioners, above named, in the event of their arrest/ surrender before the court below within a period of four weeks from the date of receipt/ production of a copy of this order are directed to be enlarged on bail on their furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Deepak Kumar, learned Judicial Magistrate, 1st class,
Patna High Court CR. MISC. No.50609 of 2019(2) dt.14-08-2019 3/3 Nawada in connection with Nardiganj P.S. case No. 112 of 2019, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) BKS/- U T