Patna High CourtCR. MISC./63788/2018bail granted

Ramaseray Chaudhary @ Ramashray Chaudhary v. The State Of Bihar

2018-10-31Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63788 of 2018 Arising Out of PS.Case No. -499 Year- 2017 Thana -SIKARPUR DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Ramaseray Chaudhary @ Ramashray Chaudhary, Son of Chhatri Chaudhary, resident of Village- Sakhubania, P.S.- Shikarpur, District- West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jagdish Prasad Bhagat For the Opposite Party/s : Smt. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 31-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Shikarpur P.S. Case No.499 of 2017 registered under Sections 147, 149, 323, 342, 324, 325, 326, 379 and 307 of the Indian Penal Code. Petitioner is said to have chopped off the left ear of the informant.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case due to animosity. The allegation of assaulting the informant levelled against the petitioner is general and omnibus in nature. There is no repetition of blow hence no

Patna High Court Cr.Misc. No.63788 of 2018 (02) dt.31-10-2018 offence under Section 307 of the Indian Penal Code is made out against him. Petitioner has been languishing in custody since 20.12.2017. Earlier bail prayer of the petitioner was rejected by this Court vide order dated 17.05.2018 with a liberty to renew his prayer after four months.

On the other hand, learned APP opposing the bail petition submitted that the petitioner is said to have chopped off the left ear of the informant, hence he does not deserve bail. Considering the facts aforesaid and the period of custody, the above named petitioner is directed to be enlarged on bail 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 Chief Judicial Magistrate, West Champaran, Bettiah in connection with Shikarpur P.S. Case No. 499 of 2017.

(Prakash Chandra Jaiswal, J) Trivedi/- U T