Mahadeo Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12110 of 2015 Arising Out of PS.Case No. -175 Year- 2014 Thana -NARHAT District- NAWADA ====================================================== Mahadeo Chauhan Son of Late Nathuni Chuhan, Resident of Village - Sitamarhi, P.S. - Sitamarhi, District - Nawada. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Ranjan Kumar, Advocate For the Opposite Party/s : Mr. Satyendra Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-03-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 337, 427, 436, 448, 504, 506, 271, 114, 117, 186 and 120B of the Indian Penal Code and 3⁄4 of the Prevention of Damage to Public Property Act, 1984. The informant SHO of Sitamarhi police station alleged that on 04.10.2014 some dispute arose during Durga Puja fair. Rajesh Chouhan and his men assaulted Mithun Chauhan, Muneshwar Chauhan and Sheonandan Chauhan. They were brought to hospital for treatment but Mithun Chauhan succumbed to the injury. The informant alleged that thereafter the family members of Mithun Chouhan and other villagers entered into the police station premises and also set ablaze the vehicles parked in the police station.

It is submitted by learned counsel for the petitioner that the accusation is not specific as the mob protesting against death of Mithun Cauhan. A statement has been made in para 3 of the petition that the

Patna High Court Cr.Misc. No.12110 of 2015 (2) dt.24-03-2015 2/2 petitioner has no criminal antecedent. Similarly situated co-accused persons have already been granted anticipatory bail by a Bench of this Court vide order dated 13.01.2015 in Criminal Miscellaneous No.1330 of 2015. Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Nawada in connection with Narhat (Sitamarhi) P.S. Case No.175 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T