Suresh Chandravanshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17797 of 2023 Arising Out of PS. Case No.-123 Year-2022 Thana- KUTUMBA District- Aurangabad ====================================================== SURESH CHANDRAVANSHI S/O Late Jagdish Chandravanshi R/O VillageRasoiya, P.S- Kutumba, District- Aurangabad ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar Sinha For the Opposite Party/s :

Mr.Anand Kishore Choudhary For the Informant Mr. Kumari Chandna Alka Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-07-2023 Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State. The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 147, 148, 341, 323, 324, 325, 307, 379 of the Indian Penal Code and Section 27 of the Arms Act.

As per prosecution case, allegation against the petitioner including co-accused persons is that they assaulted to the son of the informant due to which his son sustained several injuries. It is further alleged that coaccused Ranjan Chandravanshi fired upon his son but the same did not hit him and they also took away golden chain

Patna High Court CR. MISC. No.17797 of 2023(3) dt.17-07-2023 2/3 of his son worth Rs. 15,000/-.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to previous land dispute. There is case and counter case between the parties. There is no specific allegation of firing against the petitioner rather allegation of firing is against co-accused Ranjan. General and omnibus allegation levelled against them. As per injury report, which is annexed with the case diary, where it has been shown that the injuries sustained by the injured are simple in nature. Similarly situated other accused person has already been enlarged on bail by this Court vide order dated 12.7.2023 passed in Cr. Misc. No. 636 of 2023. Petitioner has got no criminal antecedent. He is languishing in judicial custody since 19.01.2023.

Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge

Patna High Court CR. MISC. No.17797 of 2023(3) dt.17-07-2023 3/3 the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kutumba P.S. Case No. 123 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VII, Aurangabad.

(Sunil Kumar Panwar, J) sushma/- U