Bhagwan Chandra Chaudhary @ Bhagwan Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32230 of 2021 Arising Out of PS. Case No.-167 Year-2019 Thana- BIRAUL District- Darbhanga ====================================================== BHAGWAN CHANDRA CHAUDHARY @ BHAGWAN CHAUDHARY SON OF MAHESH CHAUDHARY R/O MOHALLA/VILLAGEPOKHRAM, P.S.- BIRAUL, DISTRICT- DARBHANGA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. D.K. Sinha, Sr. Adv.

Mr. Kedar Jha For the Opposite Party/s :

Mr. Vinay Kumar Mishra, Adv.

Mr. Raj Kishore Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-12-2021 Heard learned counsel for the parties.

Petitioner seeks regular bail in connection with Biraul P.S. Case No. 167 of 2019 registered for the offence under Sections 448 / 341 / 323 / 324 / 307 / 379 / 504 / 34 of the I.P.C. The allegation is that the petitioner along with other accused persons assaulted the informant by means of "Khanti" on her head.

Learned senior counsel for the petitioner submits that both the parties are agnates and co-sharers and there is land dispute between them. He further submits that altogether six persons have been made accused in the F.I.R. and the allegation against them is general and omnibus in nature. Learned counsel

Patna High Court CR. MISC. No.32230 of 2021(4) dt.20-12-2021 2/2 next submits that the petitioner is in custody since 27 / 01 / 2021 and charge sheet has already been submitted.

On the other hand, learned counsel for the informant opposes the prayer for bail and submits that there is specific allegation of assault on the head of the informant by the petitioner and the informant has received grievous injury. Regard being had to the submissions made by the parties and taking into consideration the materials available on record, the fact that both the parties are agnates, there is land dispute between them, petitioner is in custody since 27 / 01/ 2021 and charge sheet has already been submitted, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 20000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate II, Biraul, Darbhanga in connection with Biraul P.S. Case No. 167 of 2019.

(Anil Kumar Sinha, J) praful/- U T