Chhathu Chaupal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5942 of 2015 Arising Out of PS.Case No. -307 Year- 2013 Thana -GHANSHYAMPUR District- DARBHANGA ====================================================== Chhathu Chaupal S/O Anandi Chaupal Resident of vill-Kathal, P.SGhanshyampur,Distt-Darbhanga .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar Jha, Adv. For the Opposite Party/s : Mr. Satyendra Nr.Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 12-02-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 307/302 and other allied sections of IPC.

Allegation is that due to land dispute there was some altercation. Anandi Chaupal who caught hold of the deceased and the petitioner and other accused assaulted the deceased Shibu Chaupal and in the way to hospital he died. It is submitted that there is case and counter case between both the parties. Anandi Chaupal, father of the petitioner has also filed Ghanshyampur P. S. Case No. 308 of 2013 against the informant and other accused persons. It has further been submitted that allegation of assault is against the petitioner and others. Kusheshwar Chaupal and others have been granted anticipatory bail. The petitioner

Patna High Court Cr.Misc. No.5942 of 2015 (2) dt.12-02-2015 2/2 has been in custody since 20.11.2014 having no criminal antecedent. Charge-sheet has already been submitted and there is no chance of tampering with the witness.

Considering the facts and circumstances, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Sri Rajaram Santosh Kumar, learned Judicial Magistrate, 1st Class, Biraul at Benipur, District- Darbhanga/court concerned in Ghanshyampur P. S. Case No. 307 of 2013 corresponding to G. R. No. 1243 of 2013 with following conditions:-

1. The petitioner will not indulge himself in similar or any other offence.

2. One of the bailors must be the close relative of the petitioner.

3. The petitioner will be well represented in the Court on each and every date and in case of absence for two consecutive dates or in case of violation of terms of bail, his bail bond would be liable to be cancelled by the learned Court concerned.

(Amaresh Kumar Lal, J) Kanchan/- U T