← Library
Patna High CourtCR. MISC./67283/2019bail granted

Naresh Chaurasia @ Ram Naresh Chaurasia v. The State Of Bihar

2019-11-14Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67283 of 2019 Arising Out of PS. Case No.-173 Year-2019 Thana- TEGHRHA District- Begusarai ====================================================== NARESH CHAURASIA @ RAM NARESH CHAURASIA, aged about 47 years, Male, S/o Kedar Chaurasia, R/o village- Barauni -3, Ward No. 1, P.S.- Teghra, District- Begusarai ... Petitioner

Versus

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

For the Petitioner :

Mr. Raj Kumar Sinha, Adv.

For the Opposite Party :

Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 14-11-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Teghra P.S. Case No. 173 of 2019 registered under Sections 448, 506, 341, 323, 324 and 307 of the Indian Penal Code. The accusation is that in the morning of 15.05.2019, at the instigation of Gram Pradhan, Barauni, ten persons, including the petitioner, forcibly started to fill up the soil in the land of the informant. When the informant made protest, then, Jitendra Chaurasia caused injury through the butt of pistol on her head, thereafter, Ranjan Chaurasia assaulted her through iron rod. On raising alarm by the informant, Gyani Devi, her sons, Manoj Chaurasia, Ashok Chaurasia and her husband, Gita Chaurasia, along with daughter-in-law rushed, then, Naresh Chaurasia, Deepak Chaurasia and Abhimanyu Chaurasia, having lathi, iron rod and garasa in their hands caused assaulted to her family members.

The submission of the learned counsel for the

Patna High Court CR. MISC. No.67283 of 2019(2) dt.14-11-2019 2/2 petitioner is that while allegation has been made to cause injury from the butt of pistol and receiving the injury by the informant and her family members, caused by the accused named in the first information report, including the petitioner, but, only one injury found on the head of the informant is simple in nature, which is attributed against accused, Jitendra Chaurasia. In fact, occurrence of marpeet took place due to land dispute. Petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Teghra P.S. Case No. 173 of 2019 shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge VIII-cum-Special Judge, N.D.P.S. Act, Begusarai, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code.

(Rajendra Kumar Mishra, J) Shamshad/- U T