Karu @ Karu Chaudhary @ Baitha Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33291 of 2021 Arising Out of PS. Case No.-190 Year-2020 Thana- SILAO District- Nalanda ====================================================== KARU @ KARU CHAUDHARY @ BAITHA CHAUDHARY S/O GERHA CHAUDHARY R/O VILLAGE-DHARAHARA, P.S-SILAO, DISTRICTNALANDA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar Chaudhary, Advocate For the State :

Mr. Ram Anurag Singh, A.P.P.

For the Informant :

Mr. Raj Kishore Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-12-2021 Heard Mr. Rajesh Kumar Chaudhary, learned counsel for the petitioner, Mr. Raj Kisore Prasad, learned counsel for the informant and Mr. Ram Anurag Singh, learned Additional Public Prosecutor appearing for the State. Petitioner seeks regular bail in connection with Silao P.S. Case No. 190 of 2020 registered for the offences punishable under Sections 341, 323, 324, 326, 307, 379 and 504/34 of the Indian Penal Code 1860.

The allegation as per the First Information Report is that the petitioner assaulted the brother of the informant by means of Hasuli, due to which, he received a cut injury in finger of his right hand and in the stomach.

Learned counsel for the petitioner submits that both the parties are co-villagers and there is land dispute between

Patna High Court CR. MISC. No.33291 of 2021(2) dt.20-12-2021 2/3 them. He further submits that injury caused to the brother of the informant is simple in nature and the petitioner is in custody since 28.11.2020 having no criminal antecedent. On the other hand, learned counsel for the informant opposed the prayer for bail of the petitioner and submits that there is specific allegation of assault upon the petitioner by means of sharp cutting weapon and injury caused to the victim has been found near the stomach and chest. As such, the petitioner does not deserve bail.

Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that both the parties are co-villagers, the petitioner is in custody since 28.11.2020 having no criminal antecedent and charge sheet has already been submitted, injury caused to victim is simple in nature, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Bihar Sharif, in connection with Silao P.S. Case No. 190 of 2020.

Patna High Court CR. MISC. No.33291 of 2021(2) dt.20-12-2021 3/3 It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T