Rajesh Chauhan @ Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72505 of 2019 Arising Out of PS. Case No.-405 Year-2019 Thana- BETTIAH CITY District- West Champaran ====================================================== RAJESH CHAUHAN @ RAJESH KUMAR Son of Sri Mohan Lal Resident of Village - Christian Quarter, Tin Laltain Chowk, P.S.- Bettiah Town, Distt.- West Champaran.

... ... Petitioner.

Versus

The State of Bihar ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner :

Mr. Umesh Chandra Verma, Advocate.

For the State :

Mr. Nitya Nand Tiwary, A.P.P.

For the Informant : Mr. Shakil Ahmad Khan, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 06-02-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State as also the learned counsel for the informant. The petitioner apprehends his arrest in connection with Bettiah Town (Kalibag) P.S. Case No.405 of 2019 registered under Sections 147, 148, 149, 341, 323, 324, 307, 385, 504 and 506 of the Indian Penal Code besides Section 27 of the Arms Act. The accusation is that in the evening of 21.05.2019, the petitioner along with some antisocial elements came at the field of the informant and forbade the informant not to plough the field and also started to abuse to the driver and give threatening. When the informant made protest, then Pappu Yadav shot fire at the informant through Nalkatti but the same did not hit him. At that time, Guddu Yadav gave iron rod blow at the informant but he saved himself.

Patna High Court CR. MISC. No.72505 of 2019(2) dt.06-02-2020 2/2 Thereafter, Jitendra Yadav, Rajan Yadav and Nandlal Yadav caused injury at the back and leg of the informant through the fatta of bamboo. On the alarm being raised by the informant, when his covillagers, namely, Birendra Yadav and Kishan Yadav rushed, all fled away.

Learned counsel for the petitioner submits that while the petitioner is named in the F.I.R. but no specific overt act is attributed to him. While the petitioner is accused in three other cases, as detailed in paragraph-3 to this application, but in all those cases, he is on anticipatory bail.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, West Champaran at Bettiah, in connection with Bettiah Town (Kalibag) P.S. Case No.405 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U