Patna High CourtCR. MISC./38708/2019bail granted

Sudama Chaurasiya @ Sudama Prasad Chaurasiya v. The State Of Bihar

2019-07-01Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38708 of 2019 Arising Out of PS. Case No.-108 Year-2014 Thana- GAUNAHA District- West Champaran ====================================================== SUDAMA CHAURASIYA @ SUDAMA PRASAD CHAURASIYA S/o Shivraj Chaurasiya Resident of Village- Srirampur, P.S.- Gaunaha, DistrictWest Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 147, 148, 149, 341, 323, 324, 427, 307, 379, 504 of the Indian Penal Code in which section 302 IPC was added later on.

The prosecution case in short is that on trivial issue, the accused persons assaulted the brother of the informant due to which he sustained injury and later died.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 26.10.2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been

Patna High Court CR. MISC. No.38708 of 2019(2) dt.01-07-2019 2/2 submitted in the present case. The petitioner is alleged to have assaulted the informant. There is no allegation of assault alleged against the petitioner upon the deceased. The deceased is alleged to have assaulted by co-accused Munna Prasad Chourasiya. After investigation, the police submitted final form against the petitioner. The Court below differed with the said police report and took cognizance against the petitioner. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that 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 learned S.D.J.M., Bettiah, West Champaran in connection with Tr. No. 2667/17/2307/18 arising out of Gaunaha P.S. Case No. 108/2014.

(Sudhir Singh, J) Pankaj/- U T