Jitendra Chauhan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17130 of 2024 Arising Out of PS. Case No.-160 Year-2023 Thana- NIMCHAKBATHANI District- Gaya ====================================================== Jitendra Chauhan SON OF SHAILENDRA CHAUHAN RESIDENT OF VILLAGE- BATHNASER, PS- NIMCHAK BATHANI, DISTT- GAYA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raj Dular Sah, Advocate For the Opposite Party/s :
Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 14-03-2024
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Nimchak Bathani P.S. Case no. 160 of 2023 registered under sections 307, 379, 147, 148, 149, 323, 341, 448, 504 and 506 of the Indian Penal Code.
3. As per the prosecution case, the informant states that the ten named accused persons including the petitioner herein as also one Bhola Chauhan came variously armed. As a result of assault by them her father-in-law, devar and bhaisur sustained injuries.
4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. There is case and counter case between the parties, the correct version having
Patna High Court CR. MISC. No.17130 of 2024(2) dt.14-03-2024 2/2 been narrated in the F.I.R brought on record as Annexure- 2 to the petition. The allegations are general and omnibus in nature. The petitioner is in custody since 29.10.2023, has no criminal antecedent and the F.I.R named co-accused, namely, Bhola Chouhan and Sanjay Chouhan have been enlarged on bail vide order dated 7.2.2024 passed in Cr. Misc. no. 3802 of 2024.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R being general and omnibus in nature, the petitioner having remained in custody for four months since 29.10.2023, not having any criminal antecedent and grant of bail to the above named two co-accused, the petitioner is directed to be enlarged on bail in connection with Nimchak Bathani P.S. Case no. 160 of 2023, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-III, Gaya. (Partha Sarthy, J) Harsh/- U T