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Patna High CourtCR. MISC./63480/2022partly allowed disposal

Ram Bahadur Chauhan v. The State Of Bihar

2023-03-28Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63480 of 2022 Arising Out of PS. Case No.-133 Year-2022 Thana- RAGHUNATHPUR District- Siwan ====================================================== 1.

Ram Bahadur Chauhan Son Of Rajaram Chauhan R/O Village- Abhimanwa, P.S.- Raghunathpur, District- Siwan 2.

Krishna Chauhan Son Of Ram Jatan Chauhan R/O Village- Abhimanwa, P.S.- Raghunathpur, District- Siwan 3.

Satrughan Chauhan Son Of Ram Jatan Chauhan R/O Village- Abhimanwa, P.S.- Raghunathpur, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Pandey For the Opposite Party/s :

Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-03-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 307, 379, 504, 506 of the Indian Penal Code.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that there is specific allegation against petitioner no. 1 who assaulted the informant and the injury found upon him is grievous in nature which is clear from the injury report. There is no specific overt act against petitioner nos. 2 and 3. He submits that there is case and counter case

Patna High Court CR. MISC. No.63480 of 2022(3) dt.28-03-2023 2/2 between the parties. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case and the fact that there is general and omnibus allegation levelled against the petitioner nos. 2 and 3, let the above named petitioner no. 2 and 3 in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Raghunathpur P.S. Case No. 133 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. So far as petitioner no. 1 is concerned, I am not inclined to enlarge the petitioner no. 1 on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with the aforesaid case.

devendra/- (Anjani Kumar Sharan, J) U T