Chunnilal Prasad Yadav @ Chunilal Prasad Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16142 of 2024 Arising Out of PS. Case No.-289 Year-2023 Thana- PIPRA District- East Champaran ====================================================== 1.
Chunnilal Prasad Yadav @ Chunilal Prasad Yadav Son of Late Jhagaru Ray Resident of Village- Bherkhiya, P.S.- Pipra, Dist.- East Champaran 2.
Raushan Ray Son of Chunnilal Prasad Yadav @ Chunilal Prasad Yadav Resident of Village- Bherkhiya, P.S.- Pipra, Dist.- East Champaran ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhishek Kumar For the Opposite Party/s :
Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-03-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 324, 307, 379, 34 of the Indian Penal Code.
3. As per FIR, the allegation against the petitioner No-1 is that he assaulted the informant by means of farsa and petitioner No-2 by means of iron rod due to which the informant sustained injuries. It is further alleged that all accused persons also assaulted him and pressed his neck by
Patna High Court CR. MISC. No.16142 of 2024(2) dt.12-03-2024 2/3 legs with intention to kill him, thereafter, they threw his body under a bridge.
4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have falsely been implicated in this present case due to dirty village politics. There is inordinate delay of seven days in lodging the FIR without given any cogent reason. As per Annexure-2, all injuries sustained by the injured are simple in nature. It is further submitted that the petitioners have got no criminal antecedent. Moreover, they are languishing in judicial custody since 23.09.2023.
5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Pipra P.S. Case No. 289 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East
Patna High Court CR. MISC. No.16142 of 2024(2) dt.12-03-2024 3/3 Champaran at Motihari.
(Sunil Kumar Panwar, J) manishkumar/- U T