Radheshyam Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 85803 of 2019 Arising Out of PS. Case No.-434 Year-2019 Thana- HILSA District- Nalanda ====================================================== Radheshyam Chauhan Son of Late Bishun Chauhan Resident of Village - Puna Nonia Bigha, P.S.- Hilsa, Distt.- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binit Kumar For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 16-01-2020 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Hilsa Police Station (for brevity, PS) Case No 434 of 2019 instituted for the offence punishable under Section (s) 326/34 of Indian Penal Code and Section 27 of Arms Act.

The prosecution case is that after irrigating his field when the informant reached near Mahadev Asthan, Bhagwan Chauhan along with instant petitioner fired upon him. Learned counsel for the petitioner submits that injury caused to the informant is attributed to petitioner's son, namely, Bhagwan Chauhan. The firing attributed to the petitioner did not cause any injury to any person. Petitioner is in custody since 11.11.2019. It is also

Patna High Court CR. MISC. No.85803 of 2019(2) dt.16-01-2020 2/2 submitted that earlier prayer of petitioner for his anticipatory bail had been allowed in Cr Misc No 80541 of 2019. However, on account of his arrest in the meantime, he is in custody. Considering the aforesaid, let the petitioner, above named, 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 Additional Chief Judicial Magistrate, Hilsa (Nalanda) in connection with Hilsa PS Case No 434 of 2019 subject to the following conditions:- (i) 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.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T