Radheshyam Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80541 of 2019 Arising Out of PS. Case No.-434 Year-2019 Thana- HILSA District- Nalanda ====================================================== 1.

Radheshyam Chauhan, aged about 60 years (Male), Son of Late Vishun Chauhan, Resident of Village-Duna Nonia, Bigaha, P.S.- Hilsa, DistrictNawada. 2.

Lalu Chauhan @ Lallu Chauhan, aged about 25 years (Male), Son of Radheshyam Chauhan, Resident of Village-Duna Nonia, Bigaha, P.S.- Hilsa, District - Nawada.

3.

Dev Vrat Chauhan, aged about 28 years (Male), Son of Radheshyam Chauhan, Resident of Village-Duna Nonia, Bigaha, P.S.- Hilsa, DistrictNawada. 4.

Dharmendra Chauhan, aged about 32 years, Son of Late Gauri Chauhan, Resident of Village-Govindpur, Bela Dariya, P.S.- Nursarai, DistrictNalanda. ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Binit Kumar, Advocate.

For the Opposite Party :

Mr.Ram Bilash Roy Raman, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-12-2019 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in a case for the offence registered under Sections 326/34 of the IPC and 27 of the Arms Act.

The prosecution story, in brief, is that on 25.08.2019 at about 2.00 P.M., the informant was irrigating field and after

Patna High Court CR. MISC. No.80541 of 2019(2) dt.09-12-2019 2/3 having done irrigation when he was returning and reached near the Shiva Temple then one co-accused Bhagwan Chauhan resorted firing from the firearm. It has also been alleged that other family members of the said Bhagwan Chauhan also resorted firing from their respective firearms. It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The allegation of assault is against co-accused Bhagwan Chauhan. Though the petitioners are said to have also fired at the time of occurrence but the same did not hit anyone. The case is triable by the Magistrate. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. Ist, Hilsa, Nalanda, in connection with Hilsa P.S. Case No. 434

Patna High Court CR. MISC. No.80541 of 2019(2) dt.09-12-2019 3/3 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) U.K./- U T