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Patna High CourtCR. MISC./6401/2023allowed

Ranjit Chaupal v. The State Of Bihar

2023-05-01Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6401 of 2023 Arising Out of PS. Case No.-375 Year-2022 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== 1.

Ranjit Chaupal S/O Vaso Chaupal @ Vasudeo Chaupal Resident Of VillagePipra (Bahera), P.S.- Kusheshwar Asthan, District- Darbhanga. 2.

Ashok Chaupal S/O Vaso Chaupal @ Vasudeo Chaupal Resident Of VillagePipra (Bahera), P.S.- Kusheshwar Asthan, District- Darbhanga. 3.

Vaso Chaupal @ Vasudeo Chaupal S/O Late Asharfi Chaupal Resident Of Village- Pipra (Bahera), P.S.- Kusheshwar Asthan, District- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhimanyu Sharma For the Opposite Party/s :

Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-05-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 341, 323, 324, 308, 504, 506/34 of the Indian Penal Code.

Allegation against the petitioner and other coaccused persons is that they assaulted the informant and his family members. It is further alleged that co-accused

Patna High Court CR. MISC. No.6401 of 2023(2) dt.01-05-2023 2/3 Amarjit Chaupal and Santosh Chaupal assaulted the informant'sside by means of Knife.

It is submitted by learned counsel for the petitioners that the petitioners are innocent and they have committed no offence. They have falsely been implicated in the present case. There is case and counter case between the parties and both parties sustained injuries as alleged in separate occurrence. There is general and omnibus allegation against the petitioners. Specific allegation of assaulting by means of knife is levelled against co-accused persons, namely, Amarjit Chaupal and Santosh Chaupal. Moreover, the petitioners are languishing in judicial custody for more than 4 months. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and

Patna High Court CR. MISC. No.6401 of 2023(2) dt.01-05-2023 3/3 circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Kusheshwar Asthan P.S. Case No. 375 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Biraul, Darbhanga.

(Sunil Kumar Panwar, J) Nirajkrs/- U T