Niraj Shukla v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12243 of 2019 Arising Out of PS. Case No.-316 Year-2018 Thana- CHANPATIA District- West Champaran ====================================================== Niraj Shukla Son of Late Sitaram Shukla Resident of Village- Rampurwa, P.S.- Chanpatiya, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-02-2019 Heard the learned counsel for the petitioner and the learned counsel for the State.

The petitioner seeks regular bail in connection with Chanpatia PS case no. 316 of 2018 registered for the offence punishable under Section 307 and other sections of Indian Penal Code.

The allegation is regarding the accused persons having surrounded the informant and his relatives and having assaulted them by means of iron rod, knife etc. whereafter they had snatched a golden chain from the neck of the wife of the informant.

The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and at best, the allegation against the petitioner is regarding him

Patna High Court CR. MISC. No.12243 of 2019(2) dt.27-02-2019 2/2 having provoked the other accused persons to assault the members of the prosecution side and infact, there is no allegation of any overt act as far as the petitioner is concerned. Nonetheless, it is submitted that the injuries sustained by the injured person are simple in nature, as is apparent from the injury report annexed to the bail petition. Lastly, it is submitted that the petitioner is having clean antecedent and he is languishing in custody since 14.12.2018.

Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner on regular bail.

Accordingly, the abovenamed petitioner is directed to be enlarged on regular bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl.Chief Judicial Magistrate-V West Champaran, Bettiah in connection with Chanpatia PS case no. 316 of 2018.

(Mohit Kumar Shah, J) rinkee/- U T