Patna High CourtCR. MISC./10828/2016bail granted

Kailash Chaurasiya v. The State Of Bihar

2016-03-16Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10828 of 2016 Arising Out of PS.Case No. -163 Year- 2014 Thana -DHANAHA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Kailash Chaurasiya Son of Sukhal Chaurasia resident of village - Bahadurpur, P.S. Padrauna, District - Kushi Nagar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Parmanand Kumar For the Opposite Party/s : Mr. Dashrath Mehta (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-03-2016 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner is accused in connection with S. Tr. No.92 of 2015 arising out of Dhanaha P.S. Case No.163 of 2014 registered under Sections 147, 148, 149, 341, 323, 324, 307 of the I.P.C. and later on, section 302 of the I.P.C. was added. Earlier prayer of the petitioner for bail was rejected vide Cr. Misc. No. 22857 of 2015 by this Court on 16.09.2015. Learned counsel for the petitioner submits that while petitioner is named in the F.I.R. along with 14 others with specific allegation of causing assault at the head of deceased Baliram Kuswaha but no injury was found on his head. Further, submission is that admittedly, occurrence took place in course of measurement of

Patna High Court Cr.Misc. No.10828 of 2016 (2) dt.16-03-2016 2/2 land, in which Mahesh Chaurashia, Rajesh Chaurashia and petitioner had also sustained injury, regarding which, Dhanaha P.S. Case No. 164 of 2014 was instituted under sections 147, 341, 323, 307 and 379 of the I.P.C. on 07.11.2014 in which chargesheet has already been submitted. It is also submitted that petitioner is in custody since 11.12.2014.

Having considered the facts and circumstances of the case, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional District Judge, Bagaha, West Champaran in connection with S.T. No. 92 of 2015 arising out of Dhanaha P.S. Case No.163 of 2014. (Rajendra Kumar Mishra, J.) Shail/- U T