Patna High CourtCR. MISC./17468/2024bail granted

Chhotan Kumar v. The State Of Bihar

2024-03-14Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17468 of 2024 Arising Out of PS. Case No.-475 Year-2023 Thana- MADHUBAN District- East Champaran ====================================================== Chhotan Kumar S/O- Shivji Prasad R/O- Village- Dulma Barapakar, P.S.- Madhuban, Dist.- East Champaran.

... ... Petitioner/s

Versus

The State Of Bihar Bihar, Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhishek Kumar, Advocate For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 14-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Madhuban P.S. Case No. 475 of 2023 lodged on 25.09.2023 under Sections 147, 148, 149, 341, 323, 324, 307, 325, 379, 504 and 506 of the Indian Penal Code.

3. As per the prosecution case, the FIR has been lodged against eight named accused persons, including the present petitioner alleging therein that the petitioner has assaulted on the head and hand of the informant with a farsa.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. In fact, the informant and the petitioner are agnates and in the background

Patna High Court CR. MISC. No.17468 of 2024(2) dt.14-03-2024 2/2 of a dispute due to pathway, the present case has been lodged with false allegation. As per the prosecution, the petitioner is alleged to have assaulted the informant by means of a farsa, but the injury report annexed as Annexure -3 suggests that the injuries are simple in nature and caused by the hard and blunt substance. The petitioner is in custody since 24.12.2023 and is accused in one more criminal case, in which the final form has been submitted.

5. Learned counsel for the State opposes the prayer for bail.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned CJM, East Champaran, Motihari, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure.

(Dr. Anshuman, J) Ashwini/- U T