Bhagirath Chouhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66857 of 2018 Arising Out of PS. Case No.-40 Year-2018 Thana- BHADAUR District- Patna ====================================================== Bhagirath Chouhan Son of late Deo Chouhan Resident of Village-Bathoi P.S. Bhadour, District-Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rudra Deo, Advocate For the Opposite Party/s :

Mr. Sri Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 14-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is apprehending his arrest for the offences punishable under Sections 306,201,120B/34 of the Indian Penal Code.

It is submitted that petitioner happens to be father of the deceased and on the basis of allegations made by villager he has falsely been implicated in this case. From the FIR itself it would be apparent that the only allegation against the petitioner is that he was present. He has denied all the allegations and submitted that the FIR is false and fabricated. He has no criminal antecedent. It is also submitted that specific allegations are against other co-accused namely, Sanjeev Chauhan, Karan Chauhan and Deepak Chauhan. Counsel for the petitioner has also given an undertaking that petitioner shall cooperate with the trial by appearing on each and every date to

Patna High Court Cr.Misc. No.66857 of 2018(2) dt.14-12-2018 2/2 ensure that the same be concluded expeditiously. In the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. Let the above named petitioner, in the facts and circumstances of the case, in the event of his arrest or surrender within four weeks from today, be released on bail on his furnishing bonds of Rs 10,000.- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate 1st Class, Barh Patna in Bhadour P.S Case No. 40 of 2018 subject to all conditions as laid down in Section 438 (2) of Criminal Procedure Code.

1. That one of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner.

2. That the Petitioner will be well represented on each date and if he fails to do the same, his bail will be liable to be cancelled.

Prakash/- (Madhuresh Prasad, J) U