Pragash Chouhan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37033 of 2016 Arising Out of PS.Case No. -126 Year- 2015 Thana -NARDIGANJ District- NAWADA ======================================================

1. Pragash Chouhan, son of Late Budhu Chouhan

2. Sabita Devi @ Sabitri Devi, wife of Pragash Chouhan

3. Rajesh Chouhan @ S.P., son of Pragash Chouhan. All are residents of village - Sirpatiya, P.S. Nardiganj, District - Nawada. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bhavesh Kumar, Advocate For the Opposite Party/s : Mr. Sir Pawan Kumar Chaurasiya, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-09-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Nardiganj P.S. Case No. 126 of 2015, disclosing offences under Sections 341, 323, 324, 307 and 504A/34 of the Indian Penal Code.

From the First Information Report, it appears that there is some dispute between the parties for their share in the ancestral property.

Learned counsel for the petitioners has submitted that though there is allegation of assault, caused by sharp cutting weapon, no injury has been found to be grievous in nature.

Patna High Court Cr.Misc. No.37033 of 2016 (2) dt.19-09-2016 2/2 According to him, for the same occurrence, on the basis of counter version Nardiganj P.S. Case No. 129 of 2015 has been registered at the instance of petitioner No. 2.

Considering the genesis of occurrence and nature of dispute, this application is allowed.

Let the petitioners, above-named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Nawada in connection with Nardiganj P.S. Case No. 126 of 2015, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Vats/- U T