Bishundeo Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19328 of 2017 Arising Out of PS.Case No. -658 Year- 2015 Thana -NAWADA District- NAWADA ====================================================== Bishundeo Chauhan, Son of Late Ram Bhajju Chauhan, resident of village - Mangura, P.O. Kardiganj, P.S. Nagar Nawada, District - Nawada .... .... Petitioner

Versus

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

For the Petitioner : Mr. Lilawati Singh, Advocate For the Opposite Party : Mr. Sri Chaubey Jawahar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-05-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Nawada (Kadirganj) P.S Case No. 658 of 2015 registered for the offences punishable under Sections 341, 323, 324, 307, 379, 354(B), 504/34 of the Indian Penal Code and Section 27 of Arms Act. Allegedly, the petitioner gave rod blow on the head of Vikash Kumar the son of the informant and when the informant went to rescue her son, the petitioner pulled her sari and Jyoti Kumari and Kiran Devi assaulted with rod causing head injury and when daughter Arti Kumari came for rescue she was also assaulted by them causing head injury.

Submission is of false implication and that there is case and counter case, no injury has been found dangerous to life, the injury found on the person of Vikash Kumar one is simple and

Patna High Court Cr.Misc. No.19328 of 2017 (2) dt.19-05-2017 2/2 other is grievous caused by hard and blunt substance. The petitioner is in custody since 19.10.2016, chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence, and as such, the petitioner deserves sympathetic consideration.

Learned A.P.P. fairly submits that there is case and counter case.

In the facts and circumstances stated above, the petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada, in connection with Nawada (Kadirganj O.P.) P.S. Case No. 658 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the Court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J.) Rajiv/- U T