Parmanand Chouhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47329 of 2014 Arising Out of PS.Case No. -230 Year- 2014 Thana -BARAHAT District- BANKA ====================================================== Parmanand Chouhan son of Grish Chouhan resident of village - Kaitka, P.S. Barahat, District - Banka.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

===================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 2.

04.03.2015 Heard learned counsel for the petitioner and Mr. Pranav Kumar, learned A.P.P. for the State. The petitioner seeks bail in Banka (Barahat) P.S. Case No. 230 of 2014 dated 22.06.2014 instituted under Sections 341/323/324/379/504/506/34 of the Indian Penal Code and later on Section 302 of the Indian Penal Code was also added.

Learned counsel for the petitioner submits that as per the F.I.R. itself, there was dispute with regard to picking up of cow dung manure and initially the case was not registered under Section 302 of the Indian Penal Code and after two months, when the victim died, the said section was also added. It is submitted that the allegation of taking away cash of Rs. 500/- from the pocket of the informant is an addition. It is submitted that the fact that the informant died

Patna High Court Cr.Misc. No.47329 of 2014 (2) dt.04-03-2015 2/2 after two months and the allegation being that the petitioner had hit the informant on the head by spade goes to show that on the spur of the moment, due to argument, scuffle took place and the said blow may have been inflicted but there could not have been any intention and admittedly death took place after two months and at the relevant time, the informant was fully conscious and fit to record his fardbeyan. Learned counsel submits that the petitioner having clean antecedent is in custody since 18.10.2014.

Learned A.P.P. opposes the prayer for bail.

Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka in Banka (Barahat) P.S. Case No. 230 of 2014. The petitioner shall cooperate in the trial and be present before the Court on each and every date. Failure to cooperate or appear on two consecutive dates, without sufficient cause, shall lead to cancellation of his bail bonds. (Ahsanuddin Amanullah, J.) P. Kumar U T