Arun Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1736 of 2025 Arising Out of PS. Case No.-395 Year-2024 Thana- ISLAMPUR District- Nalanda ====================================================== Arun Chauhan Son of Yadunandan Chauhan Resident of village - Veera Kuwar, P.S.- Islampur, District - Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Anil Kumar Singh, Advocate For the State :

Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-04-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 191(2), 190, 126(2), 115(2), 329(3), 109 and 352 of the B.N.S. and Sections 25(1-B)(a), 26, 35 and 27 of the Arms Act.

3. The prosecution case, in brief, is that on 21.07.2024, informant, who is Chowkidar of the village had gone for a field visit in village Veera Kunwar at 10:15 PM and in the meantime, an altercation was going on between two parties and when he tried to pacify the matter, they did not listen and instead, they began fighting and started firing at each other with the intention to kill. It is alleged that this petitioner, along

Patna High Court CR. MISC. No.1736 of 2025(2) dt.30-04-2025 2/3 with other accused persons, fired at each other and fled away after seeing the police party. It is further alleged that one country made pistol and one live cartridge was recovered from the spot.

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. From bare perusal of the F.I.R. it is apparent that both parties were firing at each other but only one fired cartridge was recovered from the spot and no one has sustained any injury. Petitioner claims clean antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the general and omnibus nature of accusation, fact that no one has sustained any fire arm injuries and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Hilsa (Nalanda) in

Patna High Court CR. MISC. No.1736 of 2025(2) dt.30-04-2025 3/3 connection with Islampur P.S. Case No. 395 of 2024, subject to condition as laid down under Section 482(2) of the B.N.S.S.. (Prabhat Kumar Singh, J) shashank/- U T