Mukesh Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11707 of 2020 Arising Out of PS. Case No.-156 Year-2019 Thana- THARTHARI District- Nalanda ====================================================== MUKESH CHAUHAN, aged about 43 years (Male), Son of Ramashish Chauhan, Resident of Village - Basta, P.S.- Tharthari, Dist.- Nalanda. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Vibhuti Ranjan Sonvadra, Advocate.

For the Opposite Party :

Mr.Zainul Abedin, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-02-2020 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Sections 341, 323, 307, 504/34 of the IPC and 27 of the Arms Act.

The prosecution story, in brief, is that on 06.10.2019 when the father of the informant was going to his house, all F.I.R. named accused persons started abusing him when he opposed, Dinesh Chauhan and Ramashish Chauhan started assaulting him by Lathi. On hulla, he and his wife came and tried to rescue him then Mukesh Chauhan (petitioner) shot at his father by pistol which hit at his penetrated through his right calf and he fired second time which hit at his father's Talhatti near thumb which injured his father and Dinesh Chauhan assaulted his father at his forehead which caused him injury. The reason of quarrel is personal dispute.

Patna High Court CR. MISC. No.11707 of 2020(2) dt.28-02-2020 2/2 It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 23.10.2019. The petitioner has got no criminal antecedent. He has falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is said to have caused injury upon the victim. Injury is said to have caused on non-vital part of the body of the victim. Hence, no offence under Section 307 of the IPC is made out. It is further submitted that the petitioner may be released on bail after completion of six months in custody.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail after completion of six months in custody on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. Ist, Hilsa, Nalanda, in connection with Tharthari P.S. Case No. 156 of 2019. U.K./- (Sudhir Singh, J) U T