Ram Balak Choupal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6637 of 2023 Arising Out of PS. Case No.-28 Year-2021 Thana- BAHERA District- Darbhanga ====================================================== 1.

Ram Balak Choupal Son Of Swarupi Choupal R/V- Ashapur, Ps- Bahera, Dist- Darbhanga 2.

Kishun Choupal Son Of Bhagwan Choupal R/V- Ashapur, Ps- Bahera, DistDarbhanga 3.

Harishsh Chandra Choupal Son Of Bihari Choupal R/V- Ashapur, PsBahera, Dist- Darbhanga 4.

Shiv Tahal Choupal Son Of Yogi Choupal @ Jogi Choupal R/V- Ashapur, Ps- Bahera, Dist- Darbhanga ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Sabal Kumar Jha For the Opposite Party/s :

Mr.Raj Ballabh Singh Mr.Pankaj Kumar Das ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-05-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 308, 504 and 506 of the Indian Penal Code. The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent. It is next submitted that the date of occurrence is 20.01.2021 and the F.I.R. came to be instituted on 01.02.2021 i.e. after a delay of nearly 15 days.

The learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.6637 of 2023(3) dt.24-05-2023 2/2 informant has given explanation for delay in instituting the F.I.R. that the Panchayati, which had to take place in two dates. It is next submitted that if what has been alleged in the F.I.R. is true, then the informant ought to have promptly instituted the F.I.R. It is next submitted that the parties are agnates and there are land dispute and the injuries suffered is simple in nature.

Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioners and the fact that there is delay in instituting the F.I.R., the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on bail on their furnishing bailbonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Benipur at Darbhanga in connection with Bahera P. S. Case No.28 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T