IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.18921 of 2010
1. AYODHYA CHOUHAN S/o- Late Ramrup Chouhan
2. Lal Das Chouhan S/o- Ayodhya Chouhan.
3. Lohari Chouhan S/o Ayodhya Chouhan
4. Bhushan Chouhan S/o Ayodhya Chouhan
5. Satish Chouhan S/o Jatan Chouhan.
6. Bhola Chouhan S/o Chhotan Chouhan
All residents of village-Charui Beldari, P.S. Noor Sarai, District-
Nalanda.
Versus
STATE OF BIHAR
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5 12.10.2010 Heard learned counsel appearing on behalf
of the petitioners and the learned counsel
appearing on behalf of the State.
Petitioners are apprehending their arrest
in connection with Noor Sarai P.S. Case No.35
of 2010 for the offence punishable under
Sections 147, 149, 341, 323, 354/379, 506 and
504 of the Indian Penal Code and 27 of the Arms
Act.
The prayer in so far as petitioner No.6,
Bhola Chouhan is concerned, stood withdrawn
following his arrest and taken note of in the
order dated 25.08.2010 passed in the present
proceedings.
Learned counsel for the petitioners
submits that the entire allegation is by reason
of altercation having taken place for non-
payment of the dues.
2
Be that as it may, having regard to the
nature of allegation as set out in the F.I.R.,
the prayer in so far as petitioner No.1,
Ayodhya Chouhan and petitioner No.2, Lal Das
Chouhan is concerned, is rejected.
The said petitioners, if so advised, may
file their application for regular bail before
the Court below and which shall be considered
and disposed of on its own merits without being
prejudiced by the order passed in the present
proceedings.
In so far as petitioner No. 3. Lohari
Chouhan, petitioner No.4, Bhushan Chouhan and
petitioner No.5, Satish Chouhan, is concerned
as there is no specific allegation against
these three petitioners except being member of
the mob, let the said petitioners namely,
Lohari Chouhan, Bhushan Chouhan and Satish
Chouhan, in the event of their arrest or
surrender within four weeks from the date of
receipt/production of a copy of this order
before the Court below, be released on bail
upon each of them individually furnishing bail
bonds of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the
satisfaction of the Chief Judicial Magistrate,
3
Nalanda at Biharsharif in connection with Noor
Sarai P.S. Case No.35 of 2010 subject to the
conditions stipulated in Section 438(2) of the
Code of Criminal Procedure.
(Jyoti Saran, J.)
Bibhash