Devanand Chauhan @ Devanand Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60761 of 2019 Arising Out of PS. Case No.-91 Year-2019 Thana- NARDIGANJ District- Nawada ====================================================== DEVANAND CHAUHAN @ DEVANAND KUMAR Son of Bihari Chouhan Resident of Village- Bhalua, P.S.- Nardiganj, District- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Kumar Prasad For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-09-2019 The petitioner apprehends his arrest in connection with Nardiganj P. S. Case No. 91 of 2019 registered under Sections 147,149,307,323,341,379,385,504 and 50 of the Indian Penal Code and 27 of the Arms Act.

Allegation against the petitioner is that petitioner along with other accused persons armed with pistol, revolver and lathi arrived at the house of the informant and co-accused Sugreev Chouhan fired upon the informant but unfortunately it did not hit him and other accused persons surrounded the wife of the informant and snatched gold earring as well as chain from his wife and also assaulted her with leg.

Learned counsel appearing on behalf of the petitioner submits that altogether 05 accused persons have been made accused in this case and the allegation against the petitioner is general and omnibus in nature. He further submits that both

Patna High Court CR. MISC. No.60761 of 2019(2) dt.26-09-2019 2/2 parties are agnates and they have entered into a compromise and a joint compromise petition has been filed by the parties before the court of Judicial Magistrate, 1st Class, Nawada i.e., Annexure-3. He further submits that similarly situated other accused persons have been granted anticipatory bail by a coordinate Bench of this Court in Cr.Misc. No. 42366 of 2019. Having regard to the submissions made by the parties and taking into consideration the fact that both parties are agnates and similarly situated other accused persons have been granted anticipatory bail by a co-ordinate Bench of this Court, as such I am inclined to grant anticipatory bail to the petitioner.

Let the petitioner, above-named, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Nawada in connection with Nardiganj P.S.Case No. 91 of 2019; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.