Lal Bahadur Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24911 of 2024 Arising Out of PS. Case No.-192 Year-2023 Thana- NAUTAN District- Siwan ====================================================== Lal Bahadur Chauhan Son of Late Sudhu Chauhan Resident of VillageGalimapur, Police Station- Nautan, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Shankar Choubey, Advocate For the Opposite Party/s :

Mr.Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 05-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Nautan P.S. Case No. 192 of 2023 instituted for the offences punishable under Sections 341, 323, 324, 326, 307, 504, 506/34 of the Indian Penal Code.

3. As per F.I.R., the allegation against the petitioner is that he assaulted to the father of the informant by means of bhala due to which he sustained injury and fell down.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to ulterior motive. Both the parties are villagers and there is previous dispute going on

Patna High Court CR. MISC. No.24911 of 2024(2) dt.05-04-2024 2/2 between them. As per injury report, injury is simple in nature. He is languishing in judicial custody since 30.01.2024.

5. Learned APP for the State has vehemently opposed the prayer for bail.

6. From perusal of the F.I.R., impugned order dated 04.03.2024 and injury report which is annexed as Annexure-P/2 to this petition, it appears that on the basis of written report of informant the F.I.R. registered against eight accused persons including the present petitioner. As per F.I.R., petitioner gave Bhala blow on the eye of the father of the informant but from perusal of the injury report of informant's father, it appears that doctor has found only one incised injury on right side of face below on right side nose which is simple in nature, accordingly the prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Siwan in connection with Nautan P.S. Case No.192 of 2023.

(Ramesh Chand Malviya, J) lata/- U T