Banwari Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8499 of 2022 Arising Out of PS. Case No.-511 Year-2020 Thana- BAIRIYA District- West Champaran ====================================================== Banwari Chaudhary S/o Late Triveni Chaudhary Resident of Village- Malahi Tola, P.S.- Bairiya, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar For the Opposite Party/s :

Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 06-06-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner seeks bail in connection with Bairiya P.S. Case No. 511 of 2021 registered for the offence under sections 341, 323, 324, 307, 504 and 34 of the Indian Penal Code.

The accused petitioner is named in the F.I.R. and is in custody since 07.08.2021.

The accusation against the accused/petitioner is to assault on the head of the injured with sharp edged weapon like farsa, caused to receive several injuries.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.8499 of 2022(2) dt.06-06-2022 2/3 submitted that there is land dispute between the parties and though nature of allegation is specific against the accused/petitioner but nature of injuries contradict the version of informant for the reasons that no sharp cut injury was found upon the injured, as per injury report. It is further submitted that petitioner is 70 years old senior citizen. While arguing over the matter, it is further submitted that the chargesheet has already been submitted in this case, as such there is no chance of tampering with the evidence. It is further submitted that petitioner is a man of clean antecedent.

Learned APP appearing on behalf of the State while opposing the prayer for bail fairly conceded the contradictions of nature of injury qua nature of weapon which has been alleged to be caused to inflict the injuries.

Considering the facts and submissions as made above, the nature of injury not supporting the nature of weapon, prima facie, which is alleged to be used to cause injuries, coupled with the fact that chagesheet has already been submitted as such there is no chance of tampering with the evidence, let the petitioner, above named, is directed to be released on bail in connection with Bairiya P.S. Case No. 511 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the

Patna High Court CR. MISC. No.8499 of 2022(2) dt.06-06-2022 3/3 like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran subject to the following condition:

"That one of the bailors shall be the close relative of the accused/petitioner like daughter/son/sister/brother."

(Chandra Shekhar Jha, J) Ankit/- U T